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NEW MEXICO DEPARTMENT
OF TRANSPORTATION
REQUEST FOR PROPOSALS ENGINEERING CONSULTANT SERVICES
RFP No. 21-05 CN # 6101231
FEDERAL FUNDS
District 6: Landslide Mitigation Project, NM 126, MP 9.5-10.1,
JULY 2020
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TABLE OF CONTENTS
I. INTRODUCTION A. Purpose of this Request for Proposals ……………….……………………..... 4 B. Scope of Work …......………………………………………………………..... 4 C. Scope of Procurement ………………………………………………………… 4 D. Procurement Manager ………………………………………………………… 4 E. Definition of Terminology……………………………………………………. 5-7 II. CONDITIONS GOVERNING THE PROCUREMENT A. Sequence of Events ……………………………………………………………. 8 B. Explanation of Events …………...…………………………………………..... 9 1. Issue of RFP ……………………………………………………………… 9 2.
3. Pre-Proposal Conference…………………………………………….……. Acknowledgement of Receipt Form ………………………………………..
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4. Deadline to Submit Additional Written Questions …………………….... 9 5. Response to Written Questions/RFP Amendments ……………………… 9 6. Submission of Proposal ………………………………………………...... 10 7. Proposal Evaluation ……………………………………………………… 10 8. Selection of Finalists …………………………………………………....... 10 9. Oral Presentations by Finalists…….. …………………………………...... 11 10. Best and Final Offers from Finalists……………………………………… 11 11. Finalize Contract…. ...…………………………………………………….. 11 12. Contract Award ………………………………………………………....... 11 13. Right to Protest ………………………………………………………... 12 C. General Requirements ………………………………………………..……... 13 1. Acceptance of Conditions Governing the Procurement ……………… 13
2. 3.
Overhead Rate Compliance and Contractual Eligibility for Engineering & Design Consultants………………………………………………….. Incurring Cost …………………………………………………………
13 14
4. Prime Contractor Responsibility ……………………………………... 14 5. Subcontractors/Consent ………………………………………………... 14 6. Certifications and Licenses …………………………………………… 14-15 7. Amended Proposals …………………………………………………... 15 8. Offerors’ Rights To Withdraw Proposal ……………………………... 15 9. Proposal Offer Firm …………………………………………………... 15 10. Disclosure of Proposal Contents ……………………………………… 16 11. No Obligation ………………………………………………………… 16 12. Termination …………………………………………………………... 16 13. Sufficient Appropriation ……………………………………………… 16 14. Legal Review …………………………………………………………. 16 15. Governing Law ………………………………………………………... 17
16. Prohibited Bidding …………………………………………………….. 17 17. Consent to Jurisdiction and Venue …………………………………….. 17 18. Basis for Proposal ……………………………………………………... 17 19. Contract Terms and Conditions ……………………………………….. 17-18 20. Offeror’s Terms and Conditions ………………………………………. 18 21. Contract Deviations …………………………………………………… 18
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22. Contract Negotiations …………………………………………………. 18 23. Offeror Qualifications……………….. ………………………………... 18 24. Right to Waive Minor Irregularities………………………………………. 19 25. Change in Contractor Representatives …………………………………… 19 26. Notice of Penalties……………………. ………………………………… 19 27. Agency Rights…………………..……………………………………….. 19 28. Right to Publish………………………………………………………….. 19 29. Ownership of Proposals……………………………………………………. 19 30. Confidentiality….. ………………………………………………………... 19 31. Electronic Mail Address Required……………………………………….. 20
32. 33. 34. 35. 36. 37. 38.
Use of Electronic Versions of this RFP…………………………………… New Mexico Employees Health Coverage……………………………….. Disclosure of Campaign Contributions……………………………………. Disclosure Regarding Responsibility………………………………………. New Mexico Preferences…………………………………………………. Conflict of Interest; Governmental Conduct Act………………………….. Equal Employment Opportunity…………………………………………...
20 20 20
21-22 22 23
23-26
III. RESPONSE FORMAT AND ORGANIZATION A. Number of Responses ……...………………………………………………... 27 B. Number of Copies …….……………………………………………………... 27 C. Proposal Format ……..……………………………………………………... 27 1. Proposal Organization …………………………………………………. 27 2. Letter of Transmittal …………………………………………………... 28 IV. SPECIFICATIONS A.
B. Information…………………………………………………………………… Mandatory Specifications and Forms ………………………………………...
29 29-32
V. EVALUATION A. Evaluation Factors/Points ……………………………………………………. 33
B. Evaluation Process ………..…………………………………………………. 33 APPENDICES A. Project Introduction and Scope of Work B. Contract for Federal Funding C.
D. E. F. G. H. I.
Acknowledgement of Receipt Form Project/Contract Listing Form Campaign Contribution Disclosure Form New Mexico Employees Health Coverage Form Proposed Work Participation Chart Form No. A-1013, Design or Other Consultant Offeror’s List Form No. A-1036, Confidentiality and Non-Disclosure Agreement
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I. INTRODUCTION
A. PURPOSE OF THIS REQUEST FOR PROPOSALS The New Mexico Department of Transportation (NMDOT or Department) is requesting proposals from
qualified firms or Offerors to provide Engineering Services in District 6 on NM 126 between MP 9.5 to MP 10.1 in Sandoval County.
B. SCOPE OF WORK The selected Offeror shall perform the services as specified in “Appendix A, Project Introduction and Scope of Work.” Project numbers shown throughout this Request for Proposals are subject to change throughout the life of the project. C. SCOPE OF PROCUREMENT
The Department intends on establishing a contract with a four (4) year term. In the case an extension is needed due to unforeseen circumstances, NMSA 1978, Section 13-1-150 B (6) allows for design and Engineering contracts to exceed a four-year term upon approval of the New Mexico Department of Finance Administration (DFA).
D. PROCUREMENT MANAGER The Agency has designated a Procurement Manager who is responsible for the conduct of this
procurement whose name, address and telephone number is listed below. All deliveries via express carrier should be addressed as follows:
Angela Aguilar Procurement Division New Mexico Department of Transportation 1120 Cerrillos Rd., Rm #113 Santa Fe, NM 87504 Ph. (505) 570-7671 Email: Angela [email protected]
Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing. Offerors may contact ONLY the Procurement Manager regarding the procure-ment. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the NMDOT.
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E. DEFINITION OF TERMINOLOGY
This section contains definitions and abbreviations that are used throughout this procurement document. “Agency”, “Department” or “NMDOT” means the New Mexico Department of Transportation. “Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract. “Award” means the final execution of the contract document. “Business Hours” means 7:45 AM thru 4:30 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given. “Close of Business” means 4:30 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given. “Confidential” means confidential financial information concerning Offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information. “Contract" means any agreement for the procurement of items of tangible personal property, services or construction. “Contractor" means any business having a contract with a state agency or local public body. “Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains. “Desirable” The terms “may”, “can”, “should”, “preferably”, or “prefers” identify a desirable or discretionary item or factor (as opposed to “mandatory”). “Evaluation Committee” means a body appointed by the Agency to perform the evaluation of Offeror proposals. “Finalist” is defined as an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee. “Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate. “IT” means Information Technology.
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“Mandatory” The terms “must”, “shall”, “will”, “is required”, or “are required”, identify a mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal. “Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement. “Multiple Source Award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror. “Offeror" is any person, corporation, or partnership who chooses to submit a proposal. “Procurement Division” means the Procurement Division within the NMDOT Office of Business Support. “Procurement Manager” means any person or designee authorized by the Agency to enter into or administer contracts and make written determinations with respect thereto. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor. “Request for Proposals” or “RFP” means all documents, including those attached or incorporated by reference, used for soliciting proposals. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal. “Responsive Offer” or “Responsive Proposal” means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements. “Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The State reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases. “Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company.
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“State (the State)” means the State of New Mexico. “State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the New Mexico Department of Transportation. “Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.) “Written” means typewritten on standard 8 ½ x 11 inch paper. Larger paper is permissible for charts, spreadsheets, etc.
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II. CONDITIONS GOVERNING THE PROCUREMENT
This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement.
A. SEQUENCE OF EVENTS
The Procurement Manager will make every effort to adhere the following schedule:
Action Responsibility
1. Issue of RFP NMDOT
2. Pre-proposal Conference NMDOT & Offerors (1:30 p.m. MDT )
3. Acknowledgement of Receipt Form Offerors (“Appendix C”)
4. Deadline to Submit Offerors Additional Written Questions
5. Response to Written NMDOT Questions/RFP Amendments
6. Submission of Proposal Offerors (Due 2:00 p.m. MDT)
7. Proposal Evaluation Evaluation Committee
8. Selection of Finalists Evaluation Committee
9. Oral Presentation by Finalists Offeror (If applicable)
10. Best and Final Offers Offeror
11. Finalize Contract Offeror/NMDOT
12. Contract Award NMDOT
Date
7/10/2020
No Pre-Proposal
7/27/2020
7/29/2020
7/31/2020
8/11/2020
August 2020
Aug/Sept 2020
Sept/Oct 2020
October 2020
Oct/Nov 2020
Nov/Dec 2020
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B. EXPLANATION OF EVENTS
The following paragraphs describe the activities listed in the sequence of events shown in Section
II, Paragraph A.
1. Issue of RFP
This RFP is being issued by the New Mexico Department of Transportation.
2. Pre-Proposal Conference
A pre-proposal conference will NOT be held for this project.
3. Acknowledgement of Receipt FormPotential Offerors should email or send by registered or certified mail the "Acknowledgement of Receipt Form" that accompanies this document (See “Appendix C”) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned by the close of business on July 27, 2020. The procurement distribution list will be used for the distribution of written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror's organization name shall not appear on the distribution list.
4. Deadline to Submit Additional Written QuestionsPotential Offerors may submit additional written questions as to the intent or clarity of this RFP until the close of business on July 29, 2020. All written questions must be addressed to the Procurement Manager (See Section I, Paragraph D).
5. Response to Written Questions/RFP AmendmentsWritten responses to written questions and any RFP amendments will be distributed on July 31, 2020 to all potential Offerors whose organization name appears on the procurement distribution list.Additional written requests for clarification of distributed answers and/or amendments must be received by the Procurement Manager no later than one (1) day after the answers and/or amendments were issued.
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6. Submission of Proposal
Proposals shall be submitted to the NMDOT electronically. Proposals submitted by hardcopy or by facsimile will not be accepted.Electronic proposals must be submitted through Bid Express, which may be accessed at thefollowing website: www.bidexpress.com. Offerors must register prior to the submissiondeadline and create an account and a digital id with Bid Express in order to submit proposalselectronically. Electronic proposals must be in a PDF format in order to submit through BidExpress.
ALL OFFEROR MUST SUBMIT ELECTRONIC COPY THROUGH BID EXPRESSFOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER ORDESIGNEE NO LATER THAN 2:00 P.M. MDT ON AUGUST 11, 2020. Proposalsreceived after this deadline will not be accepted. The date and time will be recorded on eachproposal.
A public log will be kept of the names of all Offeror organizations that submitted proposals.Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed tocompeting potential Offerors during the negotiation process. The negotiation process isdeemed to be in effect until the contract is awarded pursuant to this Request for Proposals.Awarded in this context means the final required state agency signature on the contract(s)resulting from the procurement has been obtained.
7. Proposal Evaluation
The evaluation of proposals will be performed by an evaluation committee appointed by theAgency. This process will take place during the month of August 2020. During this time,the Procurement Manager may initiate discussions with Offerors who submit responsive orpotentially responsive proposals for the purpose of clarifying aspects of the proposals, butproposals may be accepted and evaluated without such discussion. Discussions SHALLNOT be initiated by the Offerors.
8. Selection of Finalists
The Evaluation Committee will select and Procurement Manager will notify the finalistOfferors in the month(s) of Aug/Sept 2020. Only finalists will be invited to participate inthe subsequent steps of the procurement. The schedule for the Oral Presentations will bedetermined at that time.
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9. Oral Presentation by Finalists (if applicable)
In the event of a tie, scores are too close, or based on the size and complexity of the project, executive management or the Chief Procurement Officer (CPO) will determine if to conduct oral presentations. The proposers that have been identified to conduct oral presentations will prepare a presentation to the PSSC committee and present to all members at a given time and location identified by the procurement manager, if required, the presentations for this procurement would be held in September/October 2020 and will be limited to one (1) hour in duration for each proposer. The CPO has determined the point value will be 40 points. Each PSSC member will determine the distribution of the points to each team. The team with the highest score will be considered the top ranked consultant. Additional discussion or presentations may be necessary.
10. Best and Final Offers From Finalists (if applicable)
Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers in October 2020. Best and final offers may be clarified and amended at the finalist Offeror’s oral presentation.
11. Finalize Contract
The contract will be finalized with the most advantageous Offeror in the month(s) of
Oct/Nov 2020. This date is subject to change at the discretion of the Agency. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the NMDOT reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.
12. Contract Award
NMDOT anticipates awarding the contract in the month(s) of Nov/Dec 2020. These dates
are subject to change at the discretion of the Agency. The contract shall be awarded to the Offeror or Offerors whose proposal is most
advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points.
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13. Right to Protest
Any protest by an Offeror must be timely and in conformance with NMSA 1978, § 13-1-172and applicable procurement regulations. As a Protest Manager has been named in thisRequest for Proposals, pursuant to NMSA 1978, § 13-1-172, ONLY protests delivereddirectly to the Protest Manager in writing and in a timely fashion will be considered to havebeen submitted properly and in accordance with statute, rule and this Request for Proposals.The 15 calendar day protest period shall begin on the day following the award of contractsand will end at 4:30 pm Mountain Standard Time/Daylight Time on the 15th day. Protestsmust be written and must include the name and address of the protestor and the request forproposal number. It must also contain a statement of the grounds for protest includingappropriate supporting exhibits and it must specify the ruling requested from the party listedbelow. Emailed protests will not be considered as properly submitted. The protest must bemailed or hand delivered to:
New Mexico Department of Transportation Procurement Division
Attn: Christina Baca, Director 1120 Cerrillos Rd., Room #112 Santa Fe, New Mexico 87504
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C. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with Chapter 13, NMSA 1978 and NMAC1.4.1.
1. Acceptance of Conditions Governing the Procurement
Offerors must indicate their acceptance of the Conditions Governing the Procurementsection in the letter of transmittal. Submission of a proposal constitutes acceptance of theEvaluation Factors contained in Section V of this RFP.
2. Overhead Rate Compliance and Contractual Eligibility for Engineering & DesignConsultants
State Departments of Transportation are required to provide reasonable assurance thatArchitectural and Engineering Consulting Firms are in compliance with the Federal CostPrinciples on Federal-Aid Highway Program (FAHP) funds. A procedure has beendeveloped (see links below) by the NMDOT Office of the Inspector General, which willdetermine, with reasonable assurance, Engineering and Design Consultant compliance withapplicable cost principles contained in the Federal Acquisition Regulations (48 CFR part31), specified under the United States Code (23 USC § 112(b)(2) and defined in 23 CFRSection 172.3. The procedure explains what is to be submitted, how it will be submitted,when it’s required and additional resources for questions. Eligibility for NMDOTEngineering & Design contracts is dependent upon the Contractors’ compliance with thisprocedure. A list of eligible Contractors will be updated by the fifth day of each month andposted on the NMDOT public websitehttps://dot.state.nm.us/content/dam/nmdot/OIG/consultant_overhead_list.pdf
http://dot.state.nm.us/content/nmdot/en/Program_Management.html#d
https://dot.state.nm.us/content/dam/nmdot/OIG/Overhead_Rate_processing_procedure3-24-20.pdf
In all cases, all Consultants must follow this procedure and receive eligibility acknowledgement from the NMDOT Office of the Inspector General (OIG) prior to the proposal deadline for this RFP. Eligibility shall be evidenced by the inclusion of the Consultant on the eligibility list posted on the NMDOT public website and/or an email acknowledgement of eligibility from the NMDOT OIG. Engineering and Design Consultant firms who do not adhere to the requirements of this section shall be determined non-responsive and your proposal will be rejected from consideration for award.
The Indirect cost rate approved by the OIG at the time of proposal deadline date will be the rate recognized for the duration of the contract, which includes all term extensions.
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3. Incurring Cost
Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation ofany proposal or material submitted in response to this RFP shall be borne solely by theOfferor. Any cost incurred by the Offeror for set up and demonstration of the proposedequipment and/or system shall be borne solely by the Offeror.
4. Prime Contractor Responsibility
Any contract that may result from this RFP shall specify that the prime Contractor is solelyresponsible for fulfillment of the contract with NMDOT. NMDOT will make contractpayments only to the prime Contractor.
5. Subcontractors/Consent
The use of subcontractors is allowed. The prime contractor shall be wholly responsible forthe entire performance of the contractual agreement whether or not subcontractors are used.Additionally, the prime contractor must receive approval, in writing, from the agencyawarding any resultant contract, before any subcontractor is used during the term of thisagreement.
6. Certifications and Licenses
Potential Offerors must have the proper certifications and licenses to do business in NewMexico as follows:
Corporations:• File Articles of Incorporation with the Secretary of State’s Office and record with the
County pursuant to NMSA 1978, Section 53-4-6.• Name of registered agent pursuant to NMSA 1978, Section 53-5-2.• Certificate of Authority from the Secretary of State’s Office indicating that the
corporation is authorized to conduct business in New Mexico pursuant to NMSA1978, Sections 53-17-6 and 53-17-8.
• Obtain a Federal employer identification number.• Register with the New Mexico Taxation and Revenue Department and obtain a tax
identification number to report gross receipts taxes.
Limited Liability Companies: • Registered office and registered agent for service of process that is either a New
Mexico resident or domestic corporation, limited liability company, or partnershipthat is located in New Mexico.
• File an Application for Registration with the Secretary of State’s Office to conductbusiness in New Mexico and must obtain a Certificate of Good Standing from theSecretary of State’s Office to conduct business in New Mexico.
• Obtain a Federal employer identification number.• Register with the New Mexico Taxation and Revenue Department and obtain a tax
identification number to report gross receipts taxes.
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Limited Partnerships: • Apply for Certificate of Registration with the New Mexico Secretary of State
pursuant to NMSA 1978, Sections 54-2-1 through 54-2-48.• File a Statement of Qualifications with the New Mexico Secretary of State pursuant
to NMSA 1978, Sections 54-1A-101 through 54-1A-1206.• Obtain a Federal employer identification number.• Register with the New Mexico Taxation and Revenue Department and obtain a tax
identification number to report gross receipts taxes.
General Partnerships: • File a Statement of Partnership Authority with the Secretary of State pursuant to
NMSA 1978, Sections 54-1A-101 through 54-1A-1206.• Obtain a Federal employer identification number.• Register with the New Mexico Taxation and Revenue Department and obtain a tax
identification number to report gross receipts taxes.
Sole Proprietorships and Joint Ventures: • Obtain a Federal employer identification number.• Register with the New Mexico Taxation and Revenue Department and obtain a tax
identification number to report gross receipts taxes.
7. Amended Proposals
An Offeror may submit an amended proposal before the deadline for receipt of proposals.Such amended proposals must be complete replacements for a previously submitted proposaland must be clearly identified as such in the transmittal letter. NMDOT personnel will notmerge, collate, or assemble proposal materials.
8. Offerors' Rights to Withdraw Proposal
Offerors will be allowed to withdraw their proposals at any time prior to the deadline forreceipt of proposals. The Offeror must submit a written withdrawal request signed by theOfferor's duly authorized representative addressed to the Procurement Manager. Theapproval or denial of withdrawal requests received after the deadline for receipt of theproposals is governed by the applicable procurement regulations.
9. Proposal Offer Firm
Responses to this RFP, including proposal prices for services, will be considered firm forone hundred twenty (120) days after the due date for receipt of proposals or ninety (90) daysafter the due date for the receipt of a best and final offer, if the Offeror is invited or requiredto submit one.
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10. Disclosure of Proposal Contents
A. Proposals will be kept confidential until negotiations and the award are completed by theAgency. At that time, all proposals and documents pertaining to the proposals will beopen to the public, except for material that is clearly marked proprietary or confidential.The Procurement Manager will not disclose or make public any pages of a proposal onwhich the potential Offeror has stamped or imprinted "proprietary" or "confidential"subject to the following requirements:
B. Proprietary or confidential data shall be readily separable from the proposal in order tofacilitate eventual public inspection of the non-confidential portion of the proposal.
C. Confidential data is restricted to:1. Confidential financial information concerning the Offeror’s organization;2. and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets
Act, NMSA 1978 § 57-3A-1 to 57-3A-7.3. PLEASE NOTE: The price of products offered or the cost of services proposed shall
not be designated as proprietary or confidential information.
If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the Agency shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
11. No Obligation
This RFP in no manner obligates the Agency or any of its Programs to the use of anyOfferor’s services until a valid written contract is awarded and approved by appropriateauthorities.
12. Termination
This RFP may be canceled at any time and any and all proposals may be rejected in wholeor in part when the Procurement Manager determines such action to be in the best interest ofthe Agency.
13. Sufficient Appropriation
Any contract awarded as a result of this RFP process may be terminated if sufficientappropriations or authorizations do not exist. Such termination will be effected by sendingwritten notice to the Contractor. The Agency’s decision as to whether sufficient appro-priations and authorizations are available will be accepted by the Contractor as final.
14. Legal Review
NMDOT requires that all Offerors agree to be bound by the General Requirements containedin this RFP. Any Offeror concerns must be promptly brought to the attention of theProcurement Manager.
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15. Governing Law
This RFP and any agreement with an Offeror which may result from this procurement shallbe governed by the laws of the State of New Mexico.
16. Prohibited Bidding
Pursuant to Section 10-16-13 NMSA 1978 no state agency or political subdivision of theState shall accept a bid or proposal from a person who directly participated in thepreparation of specifications, qualifications or evaluation criteria on which the specificcompetitive bid or proposal was based. A person accepting a bid or proposal on behalf ofa state agency or political subdivision of this State shall exercise due diligence to ensurecompliance with this section.
17. Consent to Jurisdiction and Venue
If a recipient of this RFP chooses to offer a proposal, the Offeror understands and agreesthat by submitting such proposal to the Agency, they thereby consent to and agree to theexclusive jurisdiction of the Courts of the State of New Mexico for the resolution of anydisputes arising under or resulting from the contract selection and/or approval process inresponse to this RFP, or any dispute arising under or resulting from the performance of anycontract resulting from this RFP, which cannot be resolved informally. The Offeror, bysubmitting such proposal, waives any objection to the personal jurisdiction of the Courtsof the State of New Mexico over the Offeror. By submitting such proposal, the Offeroragrees and consents that the Santa Fe County District Court shall have venue andjurisdiction over all matters arising or derived from this RFP.
18. Basis for Proposal
Only information supplied by NMDOT in writing through the Procurement Manager or inthis RFP should be used as the basis for the preparation of Offeror proposals.
19. Contract Terms and Conditions
The Contract between NMDOT and the Contractor will follow the format specified by theAgency and contain the terms and conditions as set forth in “Appendix B” (Contract forFederal Funding). NMDOT reserves the right to negotiate with a successful Offerorprovisions in addition to those contained in this RFP.
The Agency discourages exceptions from the contract terms and conditions as set forth in theRFP Sample Contract. Such exceptions may cause a proposal to be rejected as nonresponsivewhen, in the sole judgment of the Agency (and its evaluation team), the proposal appears tobe conditioned on the exception, or correction of what is deemed to be a deficiency, or anunacceptable exception is proposed which would require a substantial proposal rewrite tocorrect.
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Should an Offeror object to any of the Agency's terms and conditions, as contained in this Section or in “Appendix B”, that Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror's terms and conditions or attempts at complete substitutions are not acceptable to NMDOT and will result in disqualification of the Offeror's proposal.
The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the Contract. In the event the Offeror’s proposal conflicts with the RFP, the RFP governs, and, in the event the Agreement conflicts with the proposal, the Agreement governs.
Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording.
If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.
20. Offeror's Terms and Conditions
Offerors must submit with the proposal a complete set of any additional terms and conditionswhich they expect to have included in a contract negotiated with NMDOT.
21. Contract Deviations
Any additional terms and conditions, which may be the subject of negotiation, will bediscussed only between NMDOT and the selected Offeror and shall not be deemed anopportunity to amend the Offeror's proposal.
22. Contract Negotiations
Contract negotiations may be held in accordance with applicable provisions of 1.4.1.39NMAC Procurement Code Regulations.
23. Offeror Qualifications
The Evaluation Committee may make such investigations as necessary to determine theability of the Offeror to adhere to the requirements specified within this RFP. The EvaluationCommittee will reject the proposal of any Offeror who is not a responsible Offeror or failsto submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA 1978.
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24. Right to Waive Minor Irregularities
The Evaluation Committee reserves the right to waive minor irregularities. The EvaluationCommittee also reserves the right to waive mandatory requirements provided that all of theotherwise responsive proposals failed to meet the same mandatory requirements and thefailure to do so does not otherwise materially affect the procurement. This right is at the solediscretion of the Evaluation Committee.
25. Change in Contractor Representatives
The NMDOT reserves the right to require a change in contractor representatives if theassigned representative(s) is (are) not, in the opinion of the NMDOT, adequately meeting theneeds of the Agency.
26. Notice of Penalties
The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil,misdemeanor and felony criminal penalties for its violation. In addition, the New Mexicocriminal statutes impose felony penalties for bribes, gratuities and kickbacks.
27. Agency Rights
The Agency in agreement with the Evaluation Committee reserves the right to accept all ora portion of a potential Offeror's proposal.
28. Right to Publish
Throughout the duration of this procurement process and contract term, Offerors andcontractors must secure from the Agency written approval prior to the release of anyinformation that pertains to the potential work or activities covered by this procurementand/or Agency contracts deriving from this procurement. Failure to adhere to thisrequirement may result in disqualification of the Offeror’s proposal or removal from thecontract.
29. Ownership of Proposals
All documents submitted in response to this Request for Proposals shall become the propertyof the NMDOT.
30. Confidentiality
Any confidential information provided to, or developed by, the Contractor in theperformance of the contract resulting from this RFP shall be kept confidential and shall notbe made available to any individual or organization by the Contractor without the priorwritten approval of the Agency.
The Contractor(s) agrees to protect the confidentiality of all confidential information andnot to publish or disclose such information to any third party without the Agency's writtenpermission.
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31. Electronic Mail Address Required
A large part of the communication regarding this procurement will be conducted byelectronic mail (e-mail). Offeror must have a valid e-mail address to receive thiscorrespondence.
32. Use of Electronic Versions of this RFP
This RFP is being made available by electronic means. If accepted by such means, theOfferor acknowledges and accepts full responsibility to insure that no changes are made tothe RFP. In the event of conflict between a version of the RFP in the Offeror’s possessionand the version maintained by the NMDOT, the version maintained by the NMDOT shallgovern.
33. New Mexico Employees Health Coverage (See “Appendix F”)
A. If the Offeror has, or grows to, six (6) or more employees who work, or who areexpected to work, an average of at least 20 hours per week over a six (6) month periodduring the term of the contract, Offeror must agree to have in place, and agree tomaintain for the term of the contract, health insurance for those employees if theexpected annual value in the aggregate of any and all contracts between Contractor andthe State exceed $250,000 dollars.
B. Offeror must agree to maintain a record of the number of employees who have (a)accepted health insurance; (b) decline health insurance due to other health insurancecoverage already in place; or (c) decline health insurance for other reasons. Theserecords are subject to review and audit by a representative of the state.
C. Offeror must agree to advise all employees of the availability of State publicly financedhealth care coverage programs.
D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements withoutspecific limitations on quantity and providing for an indeterminate number of orders tobe placed against it); these requirements shall apply the first day of the second monthafter the Offeror reports combined sales (from state and, if applicable, from local publicbodies if from a state price agreement) of $250,000.
34. Disclosure of Campaign Contributions (See “Appendix E”)
Offeror must complete, sign, and return the Campaign Contribution Disclosure Form as apart of their proposal. This requirement applies regardless whether a covered contributionwas made or not made for the positions of Governor and Lieutenant Governor. Failure tocomplete and return the signed unaltered form will result in disqualification.
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35. Disclosure Regarding Responsibility
A. Any prospective Contractor and any of its Principals who enter into a contract greaterthan sixty thousand dollars ($60,000.00) with any state agency or local public body forprofessional services, tangible personal property, services or construction agrees todisclose whether the Contractor, or any principal of the Contractor’s company:
1. is presently debarred, suspended, proposed for debarment, or declared ineligible foraward of contract by any federal entity, state agency or local public body;
2. has within a three-year period preceding this offer, been convicted in a criminalmatter or had a civil judgment rendered against them for:a. the commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) contract orsubcontract;
b. violation of Federal or state antitrust statutes related to the submission ofoffers; or
c. the commission in any federal or state jurisdiction of embezzlement, theft,forgery, bribery, falsification or destruction of records, making falsestatements, tax evasion, violation of Federal criminal tax law, or receivingstolen property;
3. is presently indicted for, or otherwise criminally or civilly charged by any (federalstate or local) government entity with the commission of any of the offensesenumerated in paragraph A of this disclosure;
4. has, preceding this offer, been notified of any delinquent Federal or state taxes inan amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxesare considered delinquent if the following criteria apply.a. The tax liability is finally determined. The liability is finally determined if it
has been assessed. A liability is not finally determined if there is a pendingadministrative or judicial challenge. In the case of a judicial challenge of theliability, the liability is not finally determined until all judicial appeal rightshave been exhausted.
b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if thetaxpayer has failed to pay the tax liability when full payment was due andrequired. A taxpayer is not delinquent in cases where enforced collection actionis precluded.
c. Have within a three year period preceding this offer, had one or more contractsterminated for default by any federal or state agency or local public body.)
B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner,or a person having primary management or supervisory responsibilities within abusiness entity or related entities.
C. The Contractor shall provide immediate written notice to the State Purchasing Agentor other party to this Agreement if, at any time during the term of this Agreement, theContractor learns that the Contractor’s disclosure was at any time erroneous or becameerroneous by reason of changed circumstances.
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D. A disclosure that any of the items in this requirement exist will not necessarily resultin termination of this Agreement. However, the disclosure will be considered in thedetermination of the Contractor’s responsibility and ability to perform under thisAgreement. Failure of the Contractor to furnish a disclosure or provide additionalinformation as requested will render the Offeror nonresponsive.
E. Nothing contained in the foregoing shall be construed to require establishment of asystem of records in order to render, in good faith, the disclosure required by thisdocument. The knowledge and information of a Contractor is not required to exceedthat which is the normally possessed by a prudent person in the ordinary course ofbusiness dealings.
F. The disclosure requirement provided is a material representation of fact upon whichreliance was placed when making an award and is a continuing material representationof the facts during the term of this Agreement. If during the performance of thecontract, the Contractor is indicted for or otherwise criminally or civilly charged byany government entity (federal, state or local) with commission of any offenses namedin this document the Contractor must provide immediate written notice to the StatePurchasing Agent or other party to this Agreement.If it is later determined that the Contractor knowingly rendered an erroneous disclosure,in addition to other remedies available to the Government, the State Purchasing Agentor Central Purchasing Officer may terminate the involved contract for cause. Stillfurther the State Purchasing Agent or Central Purchasing Officer may suspend or debarthe Contractor from eligibility for future solicitations until such time as the matter isresolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.
36. New Mexico Preferences
To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended),Offerors must include a copy of their preference certificate with their proposal. Certificatesfor preferences must be obtained through the New Mexico Department of Taxation &Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.
A. New Mexico Business Preference
B. New Mexico Resident Veterans Business Preference
An agency shall not award a business both a resident business preference and a resident veteran business preference.
The New Mexico Preferences shall not apply when the expenditures for this RFP includes federal funds.
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37. Conflict of Interest; Governmental Conduct Act
The Offeror warrants that it presently has no interest and shall not acquire any interest,direct or indirect, which would conflict in any manner or degree with the performance orservices required under the Agreement.
The Offeror certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or stateemployee or former state employee have been followed.
38. Equal Employment Opportunity
A. The following requirements shall apply to state-funded contracts: In connectionwith this RFP and the Contract, Offerors and the Offeror shall not discriminate againstany employee or applicant for employment because of race, color, religion, sex,national origin, age, marital status, being physically challenged, or on the basis ofsexual preference.
Offerors and the Offeror shall take affirmative action to insure that all applicants aretreated fairly during employment, without regard to their race, color, religion, sex,national origin, age, marital status, being physically challenged, or on the basis ofsexual preference.Such action shall include but not be limited to the following: layoff or termination;rates of pay or other forms of compensation; and selection for training, includingapprenticeship.
B. The following requirements shall apply to federal-funded contracts: Inaccordance with Title 49 Code of Federal Regulations Part 23, as amended, (49 CFRPart 26), the Offeror shall agree to abide by and take all necessary and reasonablesteps to comply with the following statements on its scope of work:
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND POLICYIn accordance with Title 49 Code of Federal Regulations Part 26 (49 CFR 26) or asmay be amended, the Contractor shall agree to abide by and take all necessary andreasonable steps to comply with the following:
1. DBE Policy: It is the policy of the Department to implement the provisions of 49CFR Part 26 (49 CFR 26), other pertinent regulations, and source legislation. Theobjectives are:
a. To ensure nondiscrimination in the award and administration of DOT-assistedcontracts in the USDOT’s highway, transit, and airport financial assistanceprograms;
b. To create a level playing field on which DBEs can fairly compete for DOT-assisted contracts;
c. To ensure that USDOT’s DBE Program is narrowly tailored in accordancewith applicable law;
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d. To ensure that only firms that fully meet the eligibility standards specified in49 CFR 26 are permitted to participate as DBEs;
e. To help remove barriers to the participation of DBEs in USDOT-assistedcontracts; and
f. To assist the development of firms that can compete successfully in themarketplace outside the DBE Program.
2. DBE Obligations: The Department will establish the DBE goal on a tri annualbasis. The approved FFY 2015-2017 DBE goal is established at 16.21% forfederal-aid highway construction and design of which 12.61% will be attainedthrough race neutral measures, and race conscious portion is 3.60%.
Record Keeping Responsibilities: The Contractor is responsible to assure that itsDBE liaison officer completes and submits the appropriate forms required by theDBE Program to the Department’s project manager or to the NMDOTCONSTRUCTION AND CIVIL RIGHTS BUREAU/ DBE PROGRAM at thefollowing address:
NMDOT Construction and Civil Rights Bureau 1570 Pacheco Street, Suite A10 Santa Fe, NM 87505
3. Department’s DBE Program: The Department’s DBE Program as required by 49CFR Part 26 and as approved by DOT, is incorporated herein by reference andmade part of this agreement. If any provision of the DBE Program conflicts with49 CFR Part 26, the provisions of 49 CFR Part 26 shall prevail. Implementationof this program is a legal obligation and failure to carry out its terms shall betreated as a violation of this agreement. Upon notification to the Contractor of itsfailure to carry out the terms and conditions of the DBE Program, the Departmentmay impose sanctions as provided for under part 26 and may, in appropriatecases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the ProgramFraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
From time to time NMDOT shall receive interpretations from USDOT, whichshall be binding on NMDOT, sub-recipients, and contractors.
DBE Obligations – The NMDOT and the Offeror agree to ensure that DBEs asdefined in 49 CFR Part 26 shall have the maximum opportunity to participate inthe performance of services and work financed in whole or in part with federalfunds under the Agreement.In this regard, The Offeror shall not discriminate on the basis of race, color,national origin or sex in the performance of DOT-assisted contracts. The Offerorshall carry out applicable requirements of 49 CFR 26 in the award andadministration of DOT-assisted contracts. Failure by the Offeror to carry outthese requirements is a material breach of contract, which may result in thetermination of the contract or such other remedy as NMDOT deems appropriate,which way include, but is not limited to: (1) Withholding monthly progress
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payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Offeror from future bidding as non-responsive.
4. Certification for Federal-Aid Contracts: The selected Offeror who becomes theOfferor shall certify, by signing the Contract, that to the best of its knowledge andbelief:
• No federal appropriated funds have been paid or will be paid, by or on behalfof the Offeror, to any person for influencing or attempting to influence anofficer or employee of any federal agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congress inconnection with the awarding of any federal contract, the making of andfederal grant, the making of any federal loan, extension, continuation,renewal, amendment, or modification of any federal contract, grant, loan, orcooperative agreement.
• If any funds other than federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any federal Agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Member of Congress inconnection with this federal contract, grant, loan, or cooperative agreement,the Offeror shall complete and submit Standard Form-LLL, “Disclosure Formto Report Lobbying,” in accordance with its instructions.
• This certification is a material representation of fact upon which reliance willbe placed when the Contract is executed. Submission of this certification is aprerequisite for making or entering into the Contract imposed by 31 U.S.C.Section 1352. Any person who fails to file the required certification shall besubject to a civil penalty of not less than $10,000 and not more than $100,000for each such failure.
• The Offeror shall also agrees by signing the Contract that the Offeror shallrequire that the language of this certification be included in all lower tiersubcontracts, which exceed $100,000 and that all such sub recipients shallcertify and disclose accordingly.
• The Offeror shall furnish all necessary information and reports and shallpermit access to its books, records, and accounts by the NMDOT for purposesof investigation to ascertain compliance with the non-discriminationprovisions of the Contract.
• A copy of the NMDOT DESIGN CONSULTANT OFFEROR’S LIST (FormNo. A-1013) is attached and must be completed at time of proposal submittal.
• For projects with federally participating funds, failure to complete the formslisted above will render the Offeror’s proposal non-responsive.
• The Disadvantaged Business Enterprise (DBE) Program rules and regulations,and the listing of Certified DBE Firms can be located on the NMDOT
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Website at http://dot.state.nm.us by going to “Doing Business with Us”, Quick link “Civil Rights.” You may also contact The Construction and Civil Rights Bureau (CCRB) at (505) 629-9938 for more information. The complete rule for Title 18, Chapter 28, Part 2, and all revisions, is available at the Construction and Civil Rights Bureau, 1570 Pacheco Street, Suite A-10, Santa Fe, New Mexico 87505.
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III. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES Offerors shall submit only one proposal in response to this RFP. B. NUMBER OF COPIES One copy will be required through the Bid Express website in PDF format. C. PROPOSAL FORMAT (Electronic)
Offerors must utilize page indicators within their PDF document that clearly identifies the different sections of your proposal by creating a bookmark on the PDF document.. Offerors are strongly encouraged to limit their proposals to a maximum of thirty (30) pages. Exclusions to this limitation will be the letter of introduction, table of contents, covers, proposal summary, dividers, other information, i.e., letters of appreciation, etc., and acknowledgement of amendments (if applicable). Offerors are strongly encouraged to create the document with a minimum of 12 point font size.
1. Proposal Organization The proposal must be organized and indexed in the following format and must
contain, at a minimum, all listed items in the sequence indicated: a) Letter of Transmittal b) Table of Contents c) Proposal Summary d) Response to Contract Terms and Conditions e) Response to Mandatory Specifications and Forms f) Offeror's Additional Terms and Conditions g) Other Supporting Material Within each section of their proposal, Offerors should address the items in the order in which
they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Offerors may attach other materials that they feel may improve the quality of their responses. However, these materials should be included as items in a separate appendix.
Any proposal that does not adhere to these requirements may be deemed non-responsive and
rejected on that basis.
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2. Letter of Transmittal
Each proposal must be accompanied by a letter of transmittal. The letter oftransmittal MUST:
a) identify the submitting organization;
b) identify the name and title of the person authorized by the organization tocontractually obligate the organization;
c) identify the name, title, email address and telephone number of the personauthorized to negotiate the contract on behalf of the organization;
d) identify the names, titles and telephone numbers of persons to be contactedfor clarification;
e) explicitly indicate acceptance of the Conditions Governing the Procurementstated in Section II, Paragraph C.1;
f) be signed by the person authorized to contractually obligate the organization;
g) acknowledge receipt of any and all amendments to this RFP.
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IV. SPECIFICATIONS
A. Information
The contract is scheduled to begin in or around Nov/Dec 2020 NMDOT intends onawarding a contract with a four (4) year term.
B. Mandatory Specifications and Forms
Offerors shall respond in the form of a thorough narrative to each mandatory specificationrequiring such. The narratives along with required supporting materials will be evaluatedand awarded points accordingly. Failure to address mandatoryspecifications/requirements, or provide the mandatory forms, will deem your proposal non-responsive.
1. General Information
Offerors must identify the Principal member or officer of the firm who will beresponsible for the administration of the contract; provide the name(s) and registrationnumber(s) of the New Mexico Registered Professional Engineer who will be in directresponsible charge of the work; and identify the name, address, and phone number ofthe office(s) where the work will be performed for the prime Offeror and all sub-consultants.
2. Specialized Design and Technical Competence
Offerors must describe or provide a work plan to perform the services required by theproject scope. Describe your firm’s specialized problem solving techniques orapproaches, innovative practices/ideas, and advantages your team brings or offers to theproject. Provide a bar chart schedule and describe all work proposed to fulfill the projectscope.
3. Capacity and Capability of the Offeror to Perform the Work
Offeror’s must provide information about the business that demonstrates the ability toprovide sufficient professional competence, meet time schedules, accommodate costconsiderations and project administration requirements. Provide information thatdemonstrates your firm’s ability to perform the services required for this project. Includean organizational chart indicating key project team members, including any sub-consultants, and their specific roles on the project and/or area(s) of expertise. Clearlyidentify the lead engineer who will be directly responsible for the project. Include in theorganizational chart the percentage of time each team member will spend or commit toproviding services toward the project. Provide brief resumes for the lead engineer andkey project team members, describing why each team member was selected for thisproject, highlighting relevant project experience and knowledge of NMDOT procedures.Indicate if a subcontractor is affiliated with the prime contractor as an affiliated company,firm, or business. Also identify the firms or teams list of current projects.
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4. Past Record of Performance
Offeror’s must demonstrate through historical documentation that the firm has the abilityto meet schedules and budgets, as well as user program goals, and final constructionproject costs. Project schedules should provide information about the progress of workas related to owner schedules and goals as well as the overall success of projects and clientsatisfaction. Describe 3-5 past projects, specifying relevance to the current project.Include client references (names, addresses, email address and telephone numbers) foreach project.
5. Proximity to or Familiarity with Site Location
Offerors must identify your familiarity with the project area and your understanding ofthe project scope. Offeror’s must demonstrate through narrative, graphics or maps thefirm’s ability to respond quickly to on and off-site requirements for engineering servicesand administration of the project. Indicate previous knowledge or experience regardingthe project location, and any current work or associated consultants who could enhancethe firm’s ability to provide timely responses or special expertise to project needs.
6. New Mexico Produced Work (Does not apply to federally funded projects)
It is in the Agency’s best interest to support in-state businesses. Indicate the volume ofwork to be produced in New Mexico by a New Mexico firm or firms. Identify any out-of-state consultant(s) or business relationships that will be involved on the project and theextent of services to be provided by that firm or firms.
7. Volume of Work Currently Being Performed
Firms shall be scored on any project that has been previously awarded and is, on the dateof the submittal, less than 75% complete. Information on the status of past project awardsshall be included in the "Project Listing Form" (“Appendix D”) as a requirement of thisRFP. The following formula on fees for projects awarded that are less than 75% completeshall be utilized in assessing scores:
*Contract Balance Amount$ Less than - $800,000 minus 0 point $ $800,001 - $1,334,000 minus 1 point $1,334,001 - $2,668,000 minus 2 points $2,668,001- $4,000,000 minus 3 points $4,000,001- over minus 4 points Maximum**
*Contract Balance Amount is defined as:
a. Single Phase Contracts – Amount of contract including supplemental agreements thathave been negotiated and that are covered under a signed contract, minus all paidinvoices, if any (per project).
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b. Multi-Phase Contracts – Amount of contract including all subsequent phases andSupplemental Agreements that have been negotiated and that are covered under asigned contract, minus all paid invoices, if any (per project). On multi-phase contractsover $1,334,000.00, a minimum 1 point deduction will be carried on initial andsubsequent phases (except final phase) regardless of percent complete.
** The maximum total point deduction by Phase (sum of all ongoing contracts) will be 4 points. Deduction points will be calculated on the date the proposals are due. The Offeror must invoice against ongoing contracts not less than five (5) business days prior to proposal due date to allow sufficient time for posting to Deduction Point listing.
The Procurement Division will calculate deduction points.
8. Completed Campaign Contribution Disclosure Form (“Appendix E”)
Offerors shall submit with their proposals a completed Campaign ContributionDisclosure Form with their proposal.
9. New Mexico Employees Health Coverage Form (“Appendix F”)
Offerors must agree with the terms and submit a signed New Mexico Employees HealthCoverage Form with the submittal of their proposal.
10. Resident Business and Resident Veteran’s Preference (Does not apply to federallyfunded projects)
Pursuant to NMSA 1978, 13-1-21, when a public body makes a purchase using a formalrequest for proposals process, and the contract is awarded based on a point-basedsystem, the public body shall award additional points equivalent to:
(1) five percent of the total possible points to a resident business; or
(2) ten percent of the total possible points to a resident veteran business that has annualgross revenues of up to three million dollars ($3,000,000) in the preceding tax year.
To be awarded points for Resident Business Preference, or Resident Veterans Preference, Offerors must include a copy of their preference certificate in this section of your proposal.
A resident veteran business shall not benefit from the preference for more than ten consecutive years. A person that is an owner of a business that is a resident veteran business shall not benefit from the preference for more than ten consecutive years. A person shall not benefit from the provisions as specified in NMSA 1978, 13-1-21, on more than one business concurrently.
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Pursuant to NMSA 1978, 13-1-21, Paragraph H, a State Agency shall not award an Offeror points for both a Resident Business Preference and a Resident Veteran’s Preference. If the Offeror qualifies for both he/she will only be awarded points for the Resident Veteran’s Preference. Veteran Businesses will receive the Resident Business Preference once the cap for Resident Veteran Preference has been exceeded.
Applications for Resident Business Preference and Resident Veteran’s Preference are now being processed through the New Mexico Department of Taxation & Revenue. If you have a preference certification number that was issued by the New Mexico State Purchasing Division please follow the link below to apply for a new Resident Business or Veteran Business Preference number.
http://www.tax.newmexico.gov/businesses/pages/in-statepreferencecertification.aspx
IF YOU DO NOT QUALIFY FOR A RESIDENT BUSINESS OR RESIDENT VETERAN PREFERENCE PLEASE PROVIDE A STATEMENT STATING YOU DO NOT QUALIFY IN THIS SECTION OF YOUR PROPOSAL. IF YOU DO NOT QUALIFY FOR EITHER PREFERENCE YOUR PROPOSAL WILL BE ACCEPTED, HOWEVER YOU WILL NOT RECEIVE POINTS FOR PREFERENCE.
11. Form - Proposed Work Participation Chart (“Appendix G”)
NOTE: A firm will not offer services as “the prime” on any NMDOT Quality BasedSelection (QBS) RFP where the prime Offeror performs less than 35% of all contractualservices. The percentage 35 means in price and in actual contract work.
12. Form A-1013, Design or Other Consultant Offeror’s List (“Appendix H”)
13. Form A-1036, Confidentiality and Non-Disclosure Agreement (“Appendix I”)
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V. EVALUATION
A. Evaluation Factors/Points
The NMDOT will evaluate responsive proposals and assign a score in each category, notto exceed the maximum allowed score for that category, as determined through theOfferor’s attention to the criteria detailed in the following sections. The amount ofdiscussion to be applied to each listed topic is an individual choice of the Offeror, however,discussion should be detailed enough to inform and educate evaluators.
Proposals will be scored based upon a comparison of the information submitted by eachOfferor against the evaluation criteria outlined below.
EVALUATION FACTORS POINTS AVAILABLE
1. General Information 5 2. Specialized Design and Technical Competence 25 3. Capacity and Capability of the Offeror to Perform the Work 30 4. Past Record of Performance 25 5. Proximity to or Familiarity with Site Location 15 6. New Mexico Produced Work (state funded projects)7. Volume of Work Currently Being Performed (Up to 4 pt Deduction) 8. New Mexico Preference Advantage (state funded proj.) (5-10 Points Preference)
Total Maximum Allowable Points 100-110 Points
B. Evaluation Process
The evaluation process will follow the steps listed below:
1. All Offeror proposals will be reviewed for compliance with the mandatoryspecifications stated within the RFP. Proposals deemed non-responsive will beeliminated from further consideration.
2. The Procurement Manager may contact the Offeror for clarification of the responseas specified in Section II, Paragraph B.7.
3. The Evaluation Committee may use other sources of information to perform theevaluation as specified in Section II, Paragraph C.22.
4. Responsive proposals will be evaluated on the factors in Section V that have beenassigned a point value. The responsible Offeror(s) whose proposal is mostadvantageous to the NMDOT, taking into consideration the evaluation factors inSection V and successful negotiations, will be recommended for contract award asspecified in Section II, Paragraph B.12. Please note, however, that a seriousdeficiency in the response to any one factor may be grounds for rejection regardlessof overall score. In the event of oral presentations responsible Offerors with thehighest scores resulting from the written evaluations will be selected as finalistOfferors. Points awarded from the oral presentations will be added to thepreviously assigned points from the written evaluations to attain final scores.
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APPENDIX A TO RFP 21-05– PROJECT INTRODUCTION AND SCOPE OF WORK
Scope of Work – CN 6101231, District 6 Landslide Mitigation Project RFP 21-05
General Information:
Control Number: 6101231
Project Number: 6101231
Type of Work: Evaluate and advance preliminary landslide mitigation design,
performed previously, to final design; check roadway
geometry and propose improvements, if necessary; design
drainage improvements to channel storm water sheet flows to
existing drainage channels and inlets; replace existing metal
beam guardrail; design signage and striping; and maintenance
of traffic.
Posted Route: NM 126
Limits: MP 9.5 to MP 10.1
Total Study Length: 0.60 miles
NMDOT District: 6
County: Sandoval
Functional Classification: Rural
Terrain Type: Mountainous
Construction Programmed Year: 2021
Anticipated Letting Date: TBD
Project Development Engineer: TBD
Urban or Rural: Rural
Existing Conditions:
New Mexico 126 (NM-126) winds through the Sierra Nacimiento and Santa Fe National Forest
east of Cuba, just south of the Rio Arriba/Sandoval County line. The highway trends generally
north-south near milepost (MP) 9.8.
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The typical section of NM 126 is a two-lane roadway with two (2) foot shoulder.
A vee ditch, lined with riprap was recently constructed on the west side of the roadway, to
address drainage.
Movements in the slope has required ongoing maintenance, generally consisting of blade patches
and crack repairs. The affected area is approximately 450 feet of the two-lane highway within
the project limits. Most obvious visual distress consists of radial tension cracks with vertical
offsets near the centerline and embankment settlement resulting in broken/disconnected culverts
and internal drainpipes.
NM 126 was constructed with a backslope cut in the vicinity of the landslide on the west and a
fill slope on the east. The grade of the road slopes at approximately six (6) percent down to the
north within the project limits. The roadway surface of the eastbound lane (outside lane) has
numerous asphalt patches to repair damage and restore grades due to slope movement. A culvert
crosses under the road near the middle of the distressed area and outlets into a drainage pipe at
the base of the embankment on the east side. The culvert has been observed to be damaged and
broken at the northbound (right) shoulder and erosion is visible at the outlet.
Embankment fill on the slope below the right side of the road appears to have been placed as a
stabilizing berm. The berm has a maximum fill height of about 15 feet on the downhill side and
is approximately 25 feet wide at the top.
Based on As-Built Plans for Federal projects F-038-1(1) and RS-1822 (5), a previous slope
stabilization project was undertaken in 1986 within the current project limits. During the
previous project a section of embankment approximately 250 feet long, 30 feet to 40 feet wide
and 15 feet deep was removed from the roadway prism and placed lower on the slope below the
road to construct the berm as part of slope mitigation activities. The embankment that was
excavated was replaced with lightweight fill consisting of pumice aggregate and roadway was
reconstructed on top of the fill.
Fees:
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It is the intent of the NMDOT to negotiate a fixed price for each of the following services:
• Phase I-B: Scoping Report
• Phase I-C: Environmental Investigations and Documentation
• Phase I-D: Preliminary Design Services (30%)
• Phase II: Final Design (60%/90%/100(PSE))
Based on available funding, NMDOT may elect to negotiate a fixed price for Phase III
(Construction Engineering Services) for Landslide Mitigation project by Contract Amendment or
elect to pursue new RFP.
Scope of Work:
The Engineer shall be responsible for all studies, analysis, coordination, engineering, right-of-
way activities, and all else necessary to complete the design. It is the NMDOT’s intent that the
Engineer will have complete responsibility for developing this project.
The work performed by the Engineer shall be in accordance with the Guidelines for Geometric &
Roadway Design and Surveying, or if required, transit design guides. All documents shall have
only imperial units including right of way (ROW) documents. All work accomplished under the
Contract shall be in accordance with the latest edition of the NMDOT Location Study
Procedures, AASHTO “A Policy on the Geometric Design of Highway and Streets, 2018
Edition”: FHWA Policies; the NMDOT Survey Handbook (2000 edition); NMDOT Design
Manual; AASHTO LRFD Bridge Design Specifications current edition; and other current
NMDOT manuals, standards, guidelines, design directives, standard specifications and standard
procedures.
The required services include but are not limited to the following:
1. Phase IB–Scoping Report:
• Survey and Mapping if needed per section 5
• Inventory of Existing Conditions including Environmental Conditions.
• Conceptual Design and Cost Estimates.
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• Public Involvement Plan and Program Implementation.
• Identification of Right-of-Way Impacts of Alternatives.
• Pavement borings, field exploration and lab testing.
a. Deliverables
The Engineer will submit five (5) bound and one (1) CD (or DVD or USB)
containing the electronic file (.pdf format) of the Landslide Mitigation Project.
2. Phase IC- Environmental Investigation:
The use of federal funds for construction of this project requires adherence to federal and
state law including, but not limited to the National Environmental Policy Act (NEPA),
which requires the identification and assessment of impacts associated with a proposed
action, and mitigation of impacts if necessary.
The environmental investigation and documentation process shall be completed by the
Engineer for all preliminary and final design items included in this RFP.
Any specific additional effort that is required shall be defined and negotiated with the
Engineer and amended to the contract if necessary.
3. Phase ID – Preliminary Design:
• Geotechnical Stabilization Design: Utilizing the preliminary geotechnical report,
developed previously under CN 6101231, perform additional geotechnical
exploration and laboratory testing necessary to confirm field conditions to advance
the selected alternative to preliminary design in coordination with other elements
of the project (drainage, grading, etc.).
• Preliminary Pavement investigation per section 6
• Preliminary Drainage Report per section 7
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• Preliminary utility investigation per section 8
a. Description:
This work includes the preparation of 30% plans and associated documents
required to advertise and let the project, and coordination of all design review
meetings.
The preliminary design plans shall include, but are not limited to, the following:
• General Sheets
o Title Sheet
o Vicinity Map
o Project Layout Sheet (if applicable)
o Index of Sheets
o Summary of Quantities
o General Notes
o Environmental Commitments
• Miscellaneous Sheets
o Typical Sections
o Miscellaneous Details
o Surfacing Schedule
o Structure Quantities
o Miscellaneous Details
o Erosion and Sediment Control
o Seeding and Landscaping (if applicable)
• Plan and Profiles Sheets
• Slope Mitigation plan sheets
o Notes
o Details and typical sections
• Traffic Control Plans
o Notes
o Sequence of Construction
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o Sign Face Details
o Traffic Control Plans: The Engineer is to develop a proposed
sequence of construction and traffic control plan for the
construction of the project in consideration of the following
requirements:
At least one through lane of traffic shall be maintained on
NM 126 during construction. Total roadway closures shall
not be permitted unless justified and approved during
design
• Permanent Signing and Striping Plans
o Plans depicting signing and striping
o Sign Face Details
• Drainage Plans
o Plan and Profile
o Structure Sections
o Structure Details
• Standard Drawings
The Engineer shall conduct a Preliminary Field Review (PFR). The PFR along with the Landslide Mitigation Report will be held to establish the scoping and priorities for the project.
Preparation of these plans will include but is not limited to survey, pavement
cores and design, slope analysis, and EPS embankment.
b. Deliverables
The Engineer shall submit and distribute ten (10) bound sets of plans (11” x 17”
reduced) and one (1) CD containing an electronic file (.pdf format) of plans for
each design submittal. Each submittal shall be accompanied by an estimate of
construction costs. The Engineer shall submit and distribute five (5) bound sets of
the draft contract book at each design submittal beginning at the pre-final (60%)
submittal. The Engineer shall provide minutes of all meetings, including
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comments received, and responses which include corrective action to the PDE.
These minutes and design reports will be submitted within two (2) weeks of the
plan review meeting.
All design data and computer-aided-drafting (CAD) drawing files supplied under
contract shall be produced and submitted to the NMDOT in a native Autodesk®
(.dwg) file format at the current department standard version. The NMDOT is
currently utilizing Autodesk® AutoCAD 2013 and Autodesk® AutoCAD Civil
3D 2013 as its standard version.
4. Phase II – Final Design:
• Final Design of Landslide Mitigation. Design analysis should include excavation
limits of the existing materials and evaluation of shoring to support traffic loads
during construction, plan details, notes, quantities, special provisions, etc.
• Provide pre-final (60% completion), constructability review, final (90%
completion), and PS&E (100% completion). Project plans shall be prepared using
NMDOT standards for general content and format. Each submittal shall be
accompanied by an estimate of construction costs.
• Final Pavement Investigation
• Final Utility Investigation
• Finalize ROW Mapping if needed
• Final Geotechnical Report
• Final Drainage Report
a. Description:
Preparation of these plans will include but is not limited to survey, pavement
cores and design, slope analysis, and EPS embankment.
Provide pre-final (60% completion), constructability review, final (90%
completion), and PS&E (100% completion) plans for the project. Each submittal
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shall be accompanied by an estimate of construction costs. Project plans shall be
prepared using NMDOT standards for general content and format.
The final design plans shall include, but are not limited to, the following:
• General Sheets
o Title Sheet
o Vicinity Map
o Project Layout Sheet (if applicable)
o Index of Sheets
o Summary of Quantities
o General Notes
o Environmental commitments
• Miscellaneous Sheets
o Typical Sections
o Miscellaneous Details
o Surfacing Schedule
o Miscellaneous Quantities
o Erosion and Sediment Control (if applicable)
o Seeding and Landscaping (if applicable)
o Grading Plans (if applicable)
o Boring Logs
• Plan and Profiles Sheets
• EPS plan sheets
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o Notes
o Details and typical sections
• Traffic Control Plans
o Notes
o Sequence of Construction
o Sign Face Details
o Traffic Control Plans: The Engineer is to develop a proposed sequence of
construction and traffic control plan for the construction of the project in
consideration of the following requirements:
At least one through lane of traffic will be maintained on NM 126 at
all times during construction. Total roadway closures will not be
permitted.
• Permanent Signing and Striping Plans (if applicable)
o Plans depicting signing and striping
o Sign Face Details
• Drainage Plans
o Plan and Profile
o Structure Sections
o Structure Details
• Standard Drawings
The Engineer shall submit the draft contract book at each design submittal
beginning at the pre-final (60%) submittal. In developing the draft contract book,
the Engineer shall use the NMDOT PS&E Section’s most recent boilerplate
contract book. The draft contract book shall include, but is not limited to, the
following:
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• Project Specific Notices to Contractors
• Standard Notices to Contractors
• Project Specific Special Provisions
b. Deliverables
The Engineer shall submit and distribute ten (10) bound sets of plans (11” x 17”
reduced) and one (1) CD containing an electronic file (.pdf format) of plans for
each design submittal. Each submittal shall be accompanied by an estimate of
construction costs. The Engineer shall submit and distribute five (5) bound sets of
the draft contract book at each design submittal beginning at the pre-final (60%)
submittal. The Engineer shall provide minutes of all meetings, including
comments received, and responses which include corrective action to the PDE.
These minutes and design reports will be submitted within two (2) weeks of the
plan review meeting.
All design data and computer-aided-drafting (CAD) drawing files supplied under
contract shall be produced and submitted to the NMDOT in a native Autodesk®
(.dwg) file format at the current department standard version. The NMDOT is
currently utilizing Autodesk® AutoCAD 2013 and Autodesk® AutoCAD Civil
3D 2013 as its standard version.
5. Survey and Mapping
a. Description
The Engineer/Surveyor shall provide required location and topographic survey for
the entire project limits suitable for planning and design. Existing right-of-way
shall be surveyed and made known with the location survey and mapping
deliverables, along with but not limited to, all fences, structures, utilities, signs,
break-lines, and encroachments. Encroachments, if applicable, shall include
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owners name and address with perpendicular distance(s) from right of way. All
surveying and mapping activities shall be performed by a qualified Professional
Surveyor licensed in New Mexico and shall meet the Minimum Standards for
Surveying in New Mexico (12.8.2 NMAC). The Engineer/Surveyor is responsible
for establishing primary project control if not provided by the NMDOT Geodetic
Unit, and shall prepare a Project Control Map per the NMDOT’s requirements. The
engineer is responsible for coordinating all surveying and mapping efforts required
for design and determination of right-of-way impacts due to design. The Engineer
shall submit the man hour and fee proposal for the location survey and mapping
efforts to the PDE for review by the Survey and Lands Engineering staff.
b. Deliverables
Survey files, Survey notes, Survey control sheet stamped by a Professional
Surveyor licensed in New Mexico.
All survey and mapping files shall be produced and submitted to the NMDOT in a
native Autodesk® (.dwg) file format at the current department standard version.
The NMDOT is currently utilizing Autodesk® AutoCAD 2013 and Autodesk®
AutoCAD Civil 3D 2013 as its standard version. Electronic files submitted shall
include, but are not limited to, geometry, points, surfaces, alignments, aerial
imagery if acquired for photogrammetric mapping, coordinate system details,
calibration reports, survey notes, survey field books (electronic and scanned field
books with structure details), and survey data collection files.
6. Pavement Design
Pavement Subgrade Soils Field Exploration and Laboratory Testing
Engineer will be required to provide field exploration consisting of the
following:
o HMA cores.
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o Subgrade testing to depths of 5 feet below existing surfacing.
SPT N-blow counts will be required.
o Thickness of existing HMA, base and other pavement strata
where encountered.
o NMDOT shall have access to HMA cores to view and inspect.
Coordinate contract laboratory testing with NMDOT personnel (Jeff Mann,
NMDOT Pavement Management and Design Bureau at 505.795.4927).
For purpose of proposal, estimate 2 soil samples for project, in one direction.
Perform the following geotechnical laboratory tests on each sample according to
applicable AASHTO standards including, but not limited to, the following:
- Sieve Analysis (including Minus No. 200 Wash);
- Atterberg Limits;
- Moisture Content;
- R-Value.
- Resilient Modulus (AASHTO T307-Current) – Estimate 2 Tests, Samples to be
chosen by NMDOT.
At completion of subgrade laboratory testing, the Engineer shall provide results to
Pavement Management and Design Bureau for review. At that time, an assessment
will be made by the NMDOT pavement engineer to determine if lime stabilization
testing will be required. Samples shall be held by the Engineer until the
assessment for lime stabilization testing result has been made.
For purpose of this proposal, provide cost estimate for stabilization testing services.
Perform the following geotechnical laboratory tests on each sample to be tested for
lime stabilization according to applicable AASHTO standards including, but not
limited to, the following:
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- Lime stabilization testing
o Eades and Grimes (ASTM D 6276)
• Lime content of 3, 5, 7%
o Sulfate content (AASHTO T290)
o Rvalue on stabilized sample
o Compressive Strength on stabilized sample
7. Drainage Design
a. Description: Prior to performing a preliminary drainage study, the Engineer shall
meet with the Department’s assigned Drainage Engineer to discuss the
hydrological methodologies and analysis of existing and proposed drainage
structures. The Preliminary Drainage Report shall summarize the results of the
preliminary drainage analysis.
The report shall include:
• Review of Previous Drainage Studies (if applicable)
• Development of Hydrologic Parameters
• Drainage basin and sub-basin areas
• Design 50-year and 100-year discharges and their corresponding headwater
depths
• Summary of the drainage field inspection results and interviews with the
District personnel, the public and other local agencies
• Construction Maintenance Easement’s (CME) required to construct and
maintain structures (if applicable)
• Summary table of existing and recommended drainage structure sizes and
types
The preliminary hydraulics shall be computer based on existing information to
provide the scope of drainage work and cost estimate. The Preliminary Drainage
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Report shall include preliminary design and locations of drop inlets, trunk lines,
other preliminary drainage data, and dimensions of CME’s and ponds if needed.
b. Deliverables: The Engineer shall provide drainage design. Drainage design report
including calculations, and all supporting models and calculations. Drainage
design sheets including profiles and details.
8. Sub-Surface Utility Engineering (SUE) and Coordination
Utility Coordination will be provided by the Engineer. Quality Level C is assumed for this
project. QL-C involves obtaining information by surveying and plotting visible
aboveground utility features and using professional judgment in correlating the information
to Quality Level D. This activity is called “Locating”. For areas of critical concern, Quality
Level B Designating may be required.
9. Coordination
The Engineer will be responsible for all coordination necessary to accomplish the work
required by the contract. This responsibility shall include coordination with all property
owners and federal, state, city, county, schools, local and tribal governments, and other
agencies or stakeholders having jurisdiction or interest in the project. This will include
obtaining approvals and/or concurrence on all work that is to be completed by the Engineer
including work completed by sub-contractors working under this contract. For any required
formal (written) approvals, the Engineer will provide the Department with all required data
and draft letters of transmittal. The Engineer shall also be responsible for documentation
of all coordination efforts and, as required, providing project status presentations to
NMDOT management, local government, or other stakeholders.
a. Meetings
This work will include coordination with the Department’s PDE in scheduling
design review and other meetings.
b. Agency Coordination
Agency coordination will include any agency with management responsibilities, all
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agencies with sensitive resource responsibilities and any agency that may have
permit authority for project activities. The appropriate local, county, and state
agencies, the public and other interested agencies will be contacted to insure that
the community and governmental concerns are identified and considered for
inclusion in the design development of the project. It is anticipated that coordination
with the agencies listed below will be required during the design and construction
of this project:
• Federal Highway Administration (FHWA)
• New Mexico Department of Transportation (NMDOT)
• Sandoval County
• US Forest Service
This list is for information only and not intended to be the final list of agencies to
be contacted.
10. Quality Control Plan
A Project Specific Quality Control Plan is required for each phase or separate work item
of this project. The specific requirements are outlined in the Consultant Services
Procedures Manual & Handbook.
NMDOT Shall Provide:
The NMDOT will furnish the following to the Engineer. However, the NMDOT may choose to
have the Engineer perform all or part of these services. If any of the services listed below are
required from the Engineer, each service will be initiated through contract negotiations or by
amendment to the Contract.
• A Project Development Engineer from the NMDOT staff to serve as an engineering liaison for
the project.
• As-Built Plans.
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• Pavement Recommendations. (NMDOT will require Engineer to provide the necessary field
testing.)
• NMDOT Staff to provide oversight of Final Geotechnical Report, Calculation Package
(separate cover), Special Provisions, Plan Detail, Tables, Quantities, etc.
• NMDOT staff to provide oversight of Utility Coordination.
• NMDOT staff to provide Environmental oversight.
• Verification of right-of-way mapping (if required).
• Review of all reports and plans.
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Contract No. Vendor No. Control No.
ENGINEERING SERVICES AGREEMENT
This Agreement is between the New Mexico Department of Transportation (Department) and <<Insert Company Name >> (Contractor). The Start Date of this Agreement is the date of the Notice to Proceed to the Contractor for the project described in Section 1, below.
Now Therefore, the parties agree follows:
1. Scope of Work.The Contractor shall perform the services described in Appendix A, Scope of Work.
This is <<Choose one: a project specific >> Engineering Services Agreement for <<Insert name of project or type of on-call service>> : CN <<Insert>>. <<Add following sentence if federally funded: This Agreement is funded in whole or in part by the Federal Highway Administration (FHWA). >>
2. Payment for Services.a. Compensation.The Department will pay for engineering services based on compensation, unit rate schedule,applicable New Mexico gross receipt taxes (GRT), liquidated damages and retainage, all ofwhich are identified in Appendix B, Compensation/Rates. Payment will not be made forservices provided prior to the Contractor’s receipt of a Notice to Proceed and after theexpiration of this Agreement. Contractor must use the Department’s form for the submissionof an invoice.
b. Acceptance/Rejection.Contractor must submit a detailed statement with supporting documentation accounting forall services performed and expenses incurred. The Department will determine if the invoiceis appropriately documented and the services provided meets federal and state specificationsand complies with the requirements of this Agreement.
Within thirty (30) business days after the Department receives an invoice, the Department will issue a written notice of complete or partial acceptance or rejection of services. If the Department finds that the invoice and/or the services are not acceptable, it will, provide to the Contractor a writing explaining the defect, indicating issues, unacceptable items and/or requested revisions. The Contractor has ten (10) business days from the date of the writing to resubmit the invoice and services with all appropriate corrections or modifications made and/or addressed. If the work is once again determine to be unacceptable, the Contractor will be required to provide a remediation plan that must include a timeline for corrective action acceptable to the Department. The Contractor shall be subject to all damages and remedies attributable to the late delivery of the services and available at law or equity. In the event
APPENDIX B TO RFP 21-05-CONTRACT FOR FEDERAL FUNDING
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that services must be resubmitted more than twice for Acceptance, the Contractor will be deemed in breach. The Department may terminate this Agreement without further consideration by issuing a written Notice of Termination for Default effective immediately.
Upon acceptance of the services, payment will be made to the Contractor within thirty (30) days. If payment is made by mail, the payment will be deemed tendered on the date it is postmarked. However, the agency will not incur late charges, interest, or penalties for failure to make payment within the time specified in this Section 2b.
c. Taxes.Unless exempt, the Contractor is responsible for making payment of gross receipts taxes tothe New Mexico Department of Taxation and Revenue.
3. Start Date and Term.The Start Date of this Agreement is the date of the Notice to Proceed to the Contractor, which isafter the Agreement has been fully executed and funding has been obligated for the projectdescribed in Section 1, above. This Agreement will terminate four (4) years from the date of theNotice to Proceed unless terminated pursuant to Section 4, Termination, Suspension and Delays,or Section 5, Appropriations. A professional services contract, including extensions andrenewals, is limited to four (4) years, except as set forth in NMSA 1978, Section 13-1-150.
4. Termination, Suspension and Delays.a. Termination for Convenience.The Department may terminate this Agreement for convenience, in whole or in part, if theDepartment determines that termination is in its best interest. Such a notice will be inwriting, and effective thirty (30) days from the date on the writing.
b. Termination for Cause.The Department may terminate this Agreement for default for the Contractor’s failure to:
1. Perform services as detailed in Appendix A and in any amendments2. Complete this Agreement within the timeframe specified and in any amendments3. Comply with any material term of this Agreement
If the Department contemplates termination under the provisions of this Section 4b, the Department will issue a written notice of default, indicating issues, unacceptable items and/or requested revisions. Upon receipt of the letter, the Contractor has ten (10) business days to correct the deficiency. If the work is once again determine to be unacceptable, the Contractor will be required to provide a remediation plan that must include a timeline for corrective action acceptable to the Department. The Contractor will be subject to all damages and remedies attributable to the late delivery of the services and available at law or equity. In the event that services must be resubmitted more than twice for Acceptance, the Contractor will be deemed in breach. The Department may terminate this Agreement without further consideration by issuing a written Notice of Termination for Default effective immediately.
c. Suspension.
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Work under this Agreement may be suspended by written order at the Department’s sole discretion. The Contractor is not entitled to any compensation when work is suspended. A suspension will be treated as a delay caused by the Department under Section 4d1, below, and may receive a reasonable time extension.
d. Delays.The parties agree to perform their obligations with due diligence and to cooperate so that theproject will be completed within the time frame(s) provided by Appendix A and the Noticeto Proceed.
1. In the event of delays caused by the Department, the Contractor may receive areasonable extension of time, but in no event will the Contractor terminate work fordelays caused by the Department.
2. If a delay is attributable to the Contractor’s fault or to matters within its control,extensions will not be granted. The Contractor will be subject to assessment ofliquidated damages.
e. Termination and Suspension Management1. Within five (5) business days of the effective date of termination for convenience,
termination for cause or suspension, the Contractor shall deliver to the Department:a. All design plans, construction estimates, drawings, documents, survey books and
any or all other materials developed under this Agreement.b. Submit an engineering progress report.
2. The Contractor will be compensated only for work that was accepted prior to thetermination or suspension of this Agreement.
3. The Department may withhold reasonable amounts of payments for the purpose ofsetoff until such a time as the exact amount of damages due from the Contractor aredetermined.
4. In the event of termination for convenience, there will be no payment for anticipatedprofit, unperformed services or unabsorbed overhead.
5. In the event of Termination for Default, the Department is entitled to recover alldirect, indirect, and consequential costs for completion of the Scope of Work,Appendix A, whether performed by Department employees or by another Contractor.
5. Appropriations.The terms of this Agreement are contingent upon sufficient appropriations and authorizationsbeing made by the Legislature of New Mexico or the Congress of the United States. If sufficientappropriations and authorizations are not made by the Legislature or the Congress, thisAgreement will terminate upon written notice being given by the Department to the Contractor.The Department is not committed to expenditure of any funds until such time as they areprogrammed, budgeted, encumbered, and approved for expenditure by the Department. TheDepartment’s decision as to whether its funds are available is final. If the Department proposesan amendment to unilaterally reduce funding, the Contractor has the option to terminate theAgreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposedamendment.
6. Confidentiality.
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Any confidential information provided to or developed by the Contractor in the performance of this Agreement must be kept confidential and not made available to any individual or organization by the Contractor without prior written approval by the Department.
7. The Product of Service, Patents and Copyrights.All documents and materials developed or acquired by the Contractor in the performance of thiscontract – which includes but is not limited to computer program elements, reports, tracings,drawings, estimates, field notes, investigations, design analysis, structural calculations andstudies – are the property of the Department. These products of service must not be used,released, patented or copyrighted by the Contractor or by any other person except with the priorwritten approval of the Department. All the products of services are to be delivered to theDepartment no later than the termination date of this Agreement and before final payment. TheContractor is required to include this clause in all subcontracts.
8. Approval of Contractor Personnel.Once work has started, changes of personnel may be made by the Contractor with the priorwritten consent of the Department. Replacement of any Contractor personnel, if approved, willbe with personnel of equal ability, experience and qualifications. The Contractor will beresponsible for any expenses incurred in familiarizing the replacement personnel to insure theirbeing productive to the project immediately upon receiving assignments. Approval ofreplacement personnel will not be unreasonably withheld. The Department retains the right torequest the removal of any of the Contractor’s personnel at any time.
9. Employment of Department Employees.Unless approved by the Department in writing, the Contractor shall not:
a. Employ any professional or technical employee(s) who are part time, full time, or whohave been in the employment of the Department during the life of this project, or
b. Directly or indirectly solicit, offer, promise, coerce, promote or give anything of value toany such professional or technical employee as inducement to leave the employment ofthe Department for any reason whatsoever.
10. Status of Contractor.The Contractor, its employees, agents and subcontractors are intended to be independentcontractors performing professional services for the Department and are not employees of theDepartment. The parties agree that no persons supplied by the Contractor are Departmentemployees, and that no rights of a State of New Mexico employee, retirement or personnel rules,or use of Department vehicles or property, accrue to such persons.
The Contractor shall not in any way exercise any portion of the authority or sovereign powers of the State of New Mexico or the Department and shall not make any agreements, commitments or represent itself as an agent of the State of New Mexico or the Department.
11. Permits and Licenses.The Contractor represents that it is properly organized under the laws of the State of NewMexico, as applicable, and is in good standing to do business in the State of New Mexico. TheContractor shall procure all permits and licenses as required by law and pay all charges, fees,
5
royalties, and give all notices necessary and incidental to the due and lawful prosecution of the work.
12. Assignment.The Contractor shall not assign or transfer any interest, right or obligation or assign any claimsfor money due or to become due without prior written approval of the Department.
13. Subcontracts.The Contractor may subcontract for part of the services with prior written approval by theDepartment. A subcontract of $10,000 or more must contain all the provisions of this Contract.
The Contractor shall require the subcontractor to have insurance as required under Section 16 below and to name the Department as an additional insured on the Contractor’s policy. A certificate of insurance must be provided to the Department and it must state that the coverage provided under the policy is primary over any other valid insurance.
To the fullest extent permitted by law, the Contractor shall require the subcontractor to defend, indemnify and hold harmless the Department and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the breach of this Agreement — including but not limited to breach of contract, unfair business practices, antitrust, RICO, fraud — or performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor has or is performing services pursuant to this Agreement.
14. Liability.The Contractor shall defend, indemnify and hold harmless the Department and the State of NewMexico and their officers, employees and agents from all actions, proceeding, claims demands,costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any sourcewhich may arise out of the breach of this agreement — including but not limited to breach ofcontract, unfair business practices, antitrust, RICO, fraud — or performance of this Agreement,caused by the negligent act or failure to act of the Contractor, its officers, employees, servants,subcontractors or agents, resulting in injury or damage to persons or property during the timewhen the Contractor or any officer, agent, employee, servant or subcontractor thereof has or isperforming services pursuant to this Agreement.
In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice, notify the legal counsel of the Department and the Risk Management Division of the New Mexico General Services Department by certified mail.
The indemnification obligation is not limited by the existence of any insurance policy or by limitation on the amount or type of damages, compensation or benefits payable by or for the
6
Contractor or any subcontractor, and survives the termination of this Agreement. Money due or to become due to the Contractor may be retained, as necessary, to satisfy any outstanding claim that the Department may have against the Contractor.
The Contractor has total responsibility for the accuracy, completeness and correctness of plans and related data. Department review of the plans will be for conformity with Department procedures and state and federal standards and specifications. Review by the Department does not include a detailed review or checking of design components and related details or the accuracy with which such designs are depicted on the Contractor’s plans and reports.
All documents and materials developed or acquired by the Contractor in the performance of this contract is the property of the Department. The Contractor is liable for replacement, if these materials are destroyed or lost prior to transferring possession.
The Department does not waive its immunity and limitations of liability under the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-1, et Seq.
15. Insurance.The Contractor shall procure insurance, as detailed on Appendix C, Insurance Requirements, with an insurance company authorized to do business in New Mexico. Insurance must cover all operations under this Agreement, whether performed by the Contractor, the Contractor’s agents or employees, or subcontractors. The insurance must be maintained until all obligations, including any warranty period, has been discharged. The Contractor shall provide a Certificate of Insurance, to be attached to Appendix C.
16. Records and Audit.If this Agreement is solely state funded, the Contractor shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and to make such materials available at their respective offices at all reasonable times during the Agreement period and for six (6) years from the date of final payment.
If this Agreement is federal funded in part or in whole, the Department, the Federal Highway Administration, and the United States Comptroller General must be provided access to any books, documents, papers, and records of the Contractor which are directly pertinent to the Agreement, for the purpose of making an audit, examination, excerpts, and transcriptions. The Contractor shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment.
17. Release.The Contractor, upon final payment, releases the Department, its officers, and employees, andthe State of New Mexico from all liabilities, claims and obligations whatsoever arising from orunder this Agreement.
18. Equal Opportunity Compliance.The Contractor agrees to abide by all federal and state laws and rules and regulations, andexecutive orders of the Governor of the State of New Mexico, pertaining to equal employment
7
opportunity. The Contractor agrees to assure that no person will be excluded, on the grounds of race, religion, color, national origin, ancestry, sex, sexual preference, age or handicap, from employment with or participation in, be denied the benefits, or be otherwise subjected to discrimination under, any program or activity performed under this Agreement. If the Contractor is found to not be in compliance with these requirements, the Contractor agrees to take appropriate steps to correct these deficiencies. 19. Civil Rights Laws and Regulations Compliance. The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work called for under this Agreement. The Contractor further agrees to comply with Title VI and Title VII of the Civil Rights Act of 1964, 49 CFR Part 21, the Age Discrimination Employment Act, the Americans with Disabilities Act of 1990, the ADA Amendments Act of 2008, Executive Order 12898, the Civil Rights Restoration Act of 1987, the New Mexico Human Rights Act, and Executive Order No. 11246 entitled “Equal Employment Opportunity,“ as amended by Executive Order 11375 and as supplemented by the Department of Labor regulations (41 CFR Part 60). In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements USDOT may issue. 20. New Mexico Employees Health Coverage.
a. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agrees to maintain for the term of the contract, health insurance for those employees, and to offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the state exceeds $250,000.
b. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance, (b) declined health insurance due to other health insurance coverage already in place, or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.
c. Contractor agrees to advise all employees of the availability of state publicly financed health care coverage programs
21. Conflict of Interest. The Contractor warrants that it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services. If the Contractor serves as a representative for other entities or agencies, public or private, within the project area during the term of this Agreement, Contractor shall immediately notify the Department for evaluation of potential conflict(s). The Contractor shall comply with the New Mexico Governmental Conduct Act, the New Mexico Financial Disclosures Act and the campaign disclosure provisions of the New Mexico Procurement Code. The Contractor has completed the Campaign Contributions Disclosure Form, Appendix D. 22. Certifications. (Applicable to federally funded agreements) Attached to this Agreement as Appendix E, Certifications are: the No Solicitation of Contract Certification of Contractor; the No Solicitation of Contract Certification of the Department and, if applicable, the Standard Form LLL – Disclosure of Lobbying Activities.
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The Contractor certifies by signing this Agreement that to the best of its knowledge and belief:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. In addition to the Certification in paragraph a above, if any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities.”
c. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. Section 1352. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
d. The Contractor also agrees by signing this Agreement/Amended Agreement that it shall
require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subcontractors shall complete and submit certify Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions .
23. Disadvantaged Business Enterprise (DBE). (Applicable to federal-funded agreements) In accordance with 49 CFR 26 or as may be amended, the Contractor shall agree to abide by and take all necessary and reasonable steps to comply with the following:
a. DBE Policy: It is the policy of the Department to implement the provisions of 49 CFR 26, other pertinent regulations, and source legislation. The objectives are to: 1. Ensure nondiscrimination in the award and administration of United States
Department of Transportation (USDOT)-assisted contracts in the USDOT’s highway, transit, and airport financial assistance programs;
2. Create a level playing field on which DBE’s can fairly compete for USDOT-assisted contracts:
3. Ensure that the Department’s DBE Program is narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet the eligibility standards specified in 49 CFR 26 are permitted to participate as DBE’s;
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5. Help remove barriers to the participation of DBE’s in USDOT-assisted contracts; and6. Assist the development of firms that can compete successfully in the marketplace
outside the DBE Program.
b. DBE Goal: The Department will establish the state DBE goal on a tri-annual basis. TheFederal Fiscal Year <<Insert>>DBE goal is <<Insert>>% for federal aid highwayconstruction and design of which <<Insert>>% will be attained through race neutralmeasures and <<Insert>>% through race-conscious measures.
c. Record Keeping Responsibilities: The Contractor is responsible to assure that its DBEliaison officer completes and submits the appropriate forms required by the DBEProgram to the Department’s project manager or to the Department’s Construction andCivil Rights Bureau/DBE Program at the following address:
New Mexico Department of Transportation Construction and Civil Rights Bureau
1570 Pacheco Street, Suite A10 Santa Fe, New Mexico 87505
d. Department’s DBE Program: The Department’s DBE Program as required by 49 CFR 26and as approved by USDOT, is incorporated by reference and made part of thisAgreement. If any provision of the DBE Program conflicts with 49 CFR 26, theprovision of 49 CFR 26 will prevail. Implementation of this program is a legal obligationand failure to carry out its terms will be treated as a violation of this Agreement. Uponnotification to the Contractor of its failure to carry out the terms and conditions of theDBE Program, the Department may impose sanctions as provided for under 49 CFR 26and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). From timeto time, the Department might receive interpretations from USDOT, which will bebinding on the Department and Contractors.
e. DBE Obligations: The Department and the Contractor agree to ensure that DBEs, asdefined in 49 CFR 26, will have the maximum opportunity to participate in theperformance of services and work financed in whole and in part with federal funds underthe Agreement.
In this regard, the Contractor shall not discriminate on the basis of race, color, nationalorigin, or sex in the award and performance of any USDOT-assisted contracts. TheContractor shall carry out applicable requirements of 49 CFR 26 in the award andadministration of USDOT-assisted contracts. Failure by the Contractor to carry out theserequirements is a material breach of contract, which may result in the termination of thecontract or such other remedy as the Department deems appropriate may include, but isnot limited to (i) withholding monthly progress payments; (ii) assessing sanctions; (iii)liquidated damages; and/or (iv) disqualifying the Contractor from future bidding and non-responsive.
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24. Applicable Law, Jurisdiction and Venue.This Agreement is governed by the laws of the State of New Mexico and, if federally funded, thelaws of the United States of America, including but not limited to the regulations, policies,procedures and directives of the United States Department of Transportation.
The New Mexico Procurement Code, NMSA 1978 Sections 13-1-28, et seq., the state’s criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Violation of federal laws and regulations could result with the loss of federal funds as well as penalties under 18 U.S.C. Section 1001.
The Contractor acknowledges the jurisdiction of the courts of the State of New Mexico over any adversarial proceedings arising out of this Agreement and that venue for any such proceeding will be in the First Judicial District Court for the County of Santa Fe, New Mexico.
25. Merger.This Agreement constitutes the entire understanding between the parties with respect to thesubject matter, and supersedes all other agreements, whether written or oral, between the parties.
26. No Third-Party Beneficiary.This Agreement does not confer any rights or remedies on anyone other than the Department andthe Contractor.
27. Severability.If any term or condition of this Agreement is held invalid or unenforceable, the remainder of thisAgreement will not be affected and will be valid and enforceable.
28. Enforcement of Agreement.A party's failure to require strict performance of any provision of this Agreement will not waivethat party's right thereafter to demand strict compliance with that or any other provision. Nowaiver will be effective unless in writing, and no effective waiver by a party of any of its rightswill be effective to waive any other rights.
29. Appendices.The following are a part of this Agreement:
Appendix A, Scope of Work Appendix B, Compensation/Rates Appendix C, Insurance Requirements Appendix D, Campaign Contributions Disclosure Form Appendix E, Certifications (Applicable to federally funded agreements)
30. Amendment.This Agreement may be amended by an instrument in writing executed by the parties. Anamendment may include modifications to the Scope of Work, Appendix A, when unanticipatedchanges in the character of the work require a change in the nature of the design. The Scope ofWork for project-specific agreements may involve up to three phases and take a phase-by-phaseapproach, requiring amendments to add new phases.
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<<Add below sentence if page is quarter or more blank: The remainder of this page in intentionally left blank. >>
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In Witness Whereof, each party is signing this Agreement on the date stated opposite that party’s signature. Signatures are dated for reference purposes only.
New Mexico Department of Transportation
By: __________________________________ Date: __________________ Cabinet Secretary or Designee
<<Insert Company Name >>
By: __________________________________ Date: __________________
Print Name: ___________________________
Title: _________________________________
Approved as to form and legal sufficiency by the Department’s Office of General Counsel.
By: __________________________________ Date: __________________ Assistant General Counsel
I hereby certify that, <<Insert Company Name >> tax identification number, <<Insert>> is registered with the New Mexico Taxation and Revenue Department for payment of gross receipt taxes.
Taxation and Revenue Department
By: _________________________________ Date: __________________
Appendix A
Scope of Work
Project Specific
1. Services to be Performed:Provide Project Specific services as identified in this Scope of Work. Contractor shall notproceed until it has received a Notice to Proceed.
2. The Contractor shall:a. Meet the standards, effective at the Start Date of this Agreement and as amended, in the:
1. The New Mexico Department of Transportation Standard Specifications for Highwayand Bridge Construction.
2. The Federal Highway Administration’s Manual on Uniform Traffic Control Device.3. Title 23 of the Code of Federal Regulations.4. Standards established by the American Association of State Highway and
Transportation Officials, the American Society for Testing and Materials.5. Department Infrastructure Design Directives.
b. Comply with deadlines and/or completion dates identified below.c. Fully perform the work detailed in the Scope of Work.d. Provide accurate, complete, and correct plans and related data.e. Attend field inspections, conferences, or public meetings as required by the project and
the Department.f. Maintain a New Mexico Office and a New Mexico Professional Contractor registration, as
applicable.
3. Department Review.Department review of the plans will be for conformity with Department procedures and state andfederal standards and specifications. Review by the Department does not include a detailedreview or checking of design components and related details or the accuracy with which suchdesigns are depicted on the Contractor’s plans and reports.
4. Completion dates:
5. Scope of Work:The following describes the required tasks and subtasks to be performed by the Contractor.
<<Attach Scope of Work >>
Appendix B
Compensation/Rates
Project Specific
Total Compensation: Up to $---------------- <<Choose all that apply: for this single phase project / Phase I A/B, C, D; Phase II; Phase III. >> This amount does not include GRT.
New Mexico GRT: The Department will pay GRT at the rate applicable at the time of service. Contractor shall include GRT in each invoice.
Rates: The Contractor’s Unit Rate Schedule and Certification of Final Indirect Costs, if applicable, is attached to this Appendix B.
Multi-Phase Project: The Contractor shall be paid based on the compensation, unit rate schedule, applicable GRT, and if any completion dates, liquidated damages and retainage will apply. The Contractor shall commence work upon receiving a Notice to Proceed, which will include any completion dates.
Method of Payment: <<Choose one: Lump Sum Upon Completion / Monthly Invoice / Quarterly Invoice. >>
Liquidated Damages: <<Choose one: Yes / No >> If the Contractor fails to meet completion dates in Appendix A on which liquidated damages apply, the Department will assess Two Hundred Fifty Dollars ($250) for each day of delay or one-quarter of one percent per day of the Contractor’s sum fee, which ever is less. Liquidated damages will be withheld from final payment. If the liquidated damages exceed the retainage due, the Contractor shall be liable to pay the Department the amount of such excess.
The terms “satisfactory completion” or “satisfactorily completed” for the purpose of assessing liquidated damages mean: a. Return in satisfactory condition all of the Department’s loaned documents and materials,
including survey books and field notes; andb. Delivery of Contractor’s work product including, the design information, standard drawings,
field notes and other pertinent documents. Such delivery means actual transfer of possessionin the form approved by the Department incorporating all required plan corrections andclarifications.
c. Acceptance, in writing, by the Department of the Contractor’s work.
If the Contractor is unable to meet completion dates for reasons beyond its control, the Contractor may request an extension. Such a request must be made in writing no later than thirty (30) days before the completion date. The Department may extend the completion dates, whichwill be done in writing.
Retainage: <<Choose one: Yes / No >> If indicated above, the Department will hold as retainage 5%. The Department will pay for work performed until payments made equal 95% of the total amount for the applicable Phase. The remaining 5% Retainage will be paid upon satisfactory completion of Services, respectively. All amounts retained will be released to the Contractor upon project completion and acceptance.
Appendix C
Insurance Requirements
The Contractor shall procure insurance, as detailed below, and provide a Certificate of Insurance, which is attached to this Appendix C. The limits cited below are minimum limits. The Department does not intend that these limits define what constitutes adequate insurance coverage. The insurance coverage required in no way limits the Contractor’s liability under this Agreement
The Contractor may purchase an umbrella or excess policy to secure these limits. Any umbrella or excess insurance must follow form equal to or broader in coverage than the underlying insurance requirements, including but not limited to additional insurance endorsement.
1. Minimum Scope and Limits
a. General Liability – Occurrence FormThe Policy must include the following:1. Personal and Bodily Injury: $1,000,000 each person; $2,000,000 each occurrence
(annual aggregate)2. Property Damage: $2,000,000 each occurrence (annual aggregate)3. Products – Completed Operations Aggregate: $1,000,000. Products and
completed operations coverage must be maintained for three (3) years aftercompletion of design
4. Personal and Advertising Injury: $1,000,0005. Blanket Contractual Liability – Written and Oral: $1,000,0006. Damage to Rented Premises: $50,0007. Each Occurrence: $1,000,000
b. Business Automobile Liability:The Policy must cover all vehicles, owned, hired and/or non-owned used in theperformance of this Agreement.1. Personal and Bodily Injury: $1,000,000 each person; $2,000,000 each occurrence
(annual aggregate)2. Property Damage: $2,000,000 each occurrence (annual aggregate)
c. Professional Liability (Errors and Omissions)1. Each Claim, $1,000,0002. Annual Aggregate, $2,000,000
In the event that the Professional liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date under the policy must precede the effective date of this Agreement; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Agreement is completed.
d. Workers Compensation and Employers Liability1. Workers Compensation: Comply with statutory requirements, as amended, under
the New Mexico Worker’s Compensation Act (NMSA 1978, Sections 52-1-1 etseq.) and the New Mexico Occupational Disease Disablement Law (NMSA 1978,Sections 52-3-1 et seq.).
2. Employers’ Liabilityi. Each Accident: $1,000,000
ii. Disease – Each Employee: $1,000,000iii. Disease – Policy Limit: $1,000,000
e. Aircraft Liability – Per Occurrence Form (if applicable)If the Contractor or its subcontractor will be using aircraft to perform any portion ofthis Agreement, then aircraft liability must be provided. The policy must includebodily injury, property damage, personal injury and broad form contractual liability.1. Products – Completed Operations Aggregate: $1,000,0002. Personal and Advertising Injury: $1,000,0003. Hangarkeepers Liability: $1,000,0004. Per Seat Limit: $1,000,0005. Blanket Contractual Liability – written and oral: $1,000,0006. Fire Legal Liability: $50,0007. Each Occurrence: $5,000,000
f. Valuable Papers CoverageValuable papers insurance must be included in the policy for a minimum of $25,000 or ina higher amount sufficient assure the restoration of any document, memoranda, plans,specifications, drawings, media, computer files, data or other information related to thework of the Contractor in the completion of this Agreement.
2. Additional InsuredThe General, Automobile and Aircraft Liability policies must name the Department as anadditional insured. The form must conform to the most current version of the InsuranceServices Office’s CG 2010, Additional Insured Endorsement Form. The Certificate ofInsurance must state that the coverage provided under each policy is primary over any othervalid and collectible insurance. Such additional insured must be covered to the full limits ofliability purchased by the Contractor, even if those limits are in excess of those required bythis Agreement.
3. Certificate of InsuranceThe Contractor shall provide a Certificate of Insurance evidencing the above insurancebefore the Department issues a Notice to Proceed. The Certificate of Insurance must bemade part of this Agreement. The Contractor shall provide a Certificate of Insurance to theDepartment on renewal of a policy or policies as necessary during the term of the Agreement.
Appendix D
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to the New Mexico Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective Engineer seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective Engineer must disclose whether they, a family member or a representative of the prospective Engineer has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the Engineer submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the Engineer signs the contract, if the aggregate total of contributions given by the prospective Engineer, a family member or a representative of the prospective Engineer to the public official exceeds two hundred and fifty dollars ($250) over the two year period.
Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective Engineer, a family member of the prospective Engineer, or a representative of the prospective Engineer gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective Engineer fails to submit a fully completed disclosure statement pursuant to the law.
The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective Engineer.
THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE ENGINEER WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective Engineer is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective Engineer, if the prospective Engineer is a natural person; or (b) an owner of a prospective Engineer.
“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.
“Prospective Engineer” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract.
“Representative of a prospective Engineer” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective Engineer.
Name(s) of Applicable Public Official(s) if any:_________________________ (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE ENGINEER: Contribution Made By: __________________________________________ Relation to Prospective Engineer: __________________________________________ Date Contribution(s) Made: __________________________________________ __________________________________________ Amount(s) of Contribution(s) __________________________________________ __________________________________________ Nature of Contribution(s) __________________________________________ __________________________________________ Purpose of Contribution(s) __________________________________________ __________________________________________ (Attach extra pages if necessary) ___________________________ _______________________ Signature Date ___________________________ Title (position) --OR— NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ______________________________ _______________________ Signature Date ______________________________ Title (Position)
Appendix E
Contract No. Vendor No. Project No. Control No.
NO SOLICITTION OF CONTRACT
CERTIFICATION OF ENGINEER
I certify that I am the (title) _ ____________ and authorized representative of , whose address is
---------------- - -- - - - - - - - - --
------------ - - -- and that neither I nor the above firm I represent has:
a. Employed or retained for a commission, percentage, brokerage, contingent fee, or otherconsideration, any firm or person ( other than a bona fide employee working solely for me orthe above consultant) to solicit or secure this Contract.
b. Agreed, as an express or implied condition for obtaining the contract, to employ or retain theservices of any firm or person in connection with carrying out the Contract, or
c. Paid, or agree to pay, to any firm, organization or person ( other than a bona fide employeeworking solely for me or the above consultant) any fee, contribution, donation, orconsideration of any kind for, or in connection with, procuring or canying out the Contract.
d. As Per 0MB Circular A-133 Compliance Supplement, 2015, or as amended,
____________________ certifies that the organization and its principals are (FIRM) not suspended or debaned.
Except as here expressly stated (if any):
I acknowledge that this certification is to be furnished to the New Mexico Department of Transpmiation and the Federal Highway Administration, U.S. Depaiiment of Transpmiation (if applicable), in connection with this Contract involving pmiicipation of Federal Aid highway funds (if applicable), and is subject to applicable State and Federal laws, both criminal and civil.
By:-------------- Date: ---- -
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APPENDIX C TO RFP 21-05: ACKNOWLEDGEMENT OF RECEIPT FORM
Request for Proposals No. 21-05 CN: 6101231
District 6: Landslide Mitigation Project, NM 126, MP 9.5-10.1
In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has received a complete copy, beginning with the title page and ending with “Appendix I”.
The acknowledgement of receipt should be signed and returned to the Procurement and Facilities Management Division, NMDOT, by the close of business on July 27, 2020. Only potential Offerors who elect to return this completed form will receive copies of RFP amendments, if any are issued. The following information will be used for all correspondence related to this Request for Proposals.
FIRM: _________________________________________________________________
REPRESENTED BY: _____________________________________________________
TITLE: ________________________________ PHONE NO.: ____________________
E-MAIL: ___________________________ FAX NO.: ________________________
ADDRESS: _____________________________________________________________
CITY: __________________________ STATE: ________ ZIP CODE: _____________
SIGNATURE: ___________________________________ DATE: _________________
Please return completed form to the name and address listed below.
Angela Aguilar New Mexico Department of Transportation Procurement Division PO Box 1149, Room #113 Santa Fe, New Mexico 87504-1149 Ph. (505) 570-7671 E-Mail: [email protected]
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APPENDIX D TO RFP 21-05 – PROJECT/CONTRACT LISTING FORM
Offerors shall list all current contracts with the NMDOT, containing similar work(s) to the scope of work as contained in the RFP. This form shall only include the contract(s) that the proposing Offeror has with the NMDOT; subcontractor information is not required.
FIRM: _______________________________ DATE: _____________
Table A – Project Specific Contracts
PROJECT DIRECTLY AWARDED TO FIRM
CONTRACT DATE
CONTRACT AMOUNT
(in dollars $)
% COMPLETE TO DATE
CONTRACT AMOUNT EXPENDED TO DATE
(in dollars $)
CONTRACT REMAINING
BALANCE (in dollars $)
1. 2. 3. 4. 5.
TOTALS
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Table B – On-call Contracts
PROJECT DIRECTLY AWARDED TO FIRM
CONTRACT DATE
CONTRACT AMOUNT
TOTAL AMOUNT
TASKED OUT TO DATE
(in dollars $)
% OF TASKED OUT WORK COMPLETE
TO DATE
TOTAL TASKED OUT WORK
EXPENDED TO DATE
(in dollars $)
TOTAL REMAINING BALANCE OF TASKED OUT
WORK (in dollars $)
1. 2. 3. 4. 5.
TOTALS
Notes: 1. If any award is not proceeding in contract negotiations, please indicate the status in the "Remarks" below. 2. Fees do not include reimbursable expenses, which include: travel, per diem, printing, telephone or reproduction cost. 3. Federal funds shall be included in project calculations pursuant to 13-1-120B (6). 4. Any Award of Contract that has not resulted in a written contract offer to the Offeror, within 6 months of written notice, shall
not be considered an award for the purposes of the Project Listing Form. 5. Contact the person designated in Section I, Paragraph D if there are ANY questions regarding the correct completion of this
form. (Use additional sheets if necessary). REMARKS:
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APPENDIX E TO RFP 21-05: CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.
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“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity. “Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. “Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: __________________________________________ Relation to Prospective Contractor: __________________________________________ Name of Applicable Public Official: _________________________________________ Date Contribution(s) Made: __________________________________________ __________________________________________ Amount(s) of Contribution(s) __________________________________________ __________________________________________ Nature of Contribution(s) __________________________________________ __________________________________________ Purpose of Contribution(s) __________________________________________ __________________________________________ (Attach extra pages if necessary) ___________________________ _______________________ Signature Date ___________________________
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Title (position) —OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ______________________________ _______________________ Signature Date ______________________________ Title (Position)
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APPENDIX F TO RFP 21-05: NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM
1. For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has,or grows to, six (6) or more employees who work, or who are expected to work, anaverage of at least 20 hours per week over a six (6) month period during the term of thecontract, Offeror must agree to:
(a) have in place, and agree to maintain for the term of the contract, health insurancefor those employees and offer that health insurance to those employees no later thanJuly 1, 2008 if the expected annual value in the aggregate of any and all contractsbetween Contractor and the State exceed one million dollars or;
(b) have in place, and agree to maintain for the term of the contract, health insurancefor those employees and offer that health insurance to those employees no later thanJuly 1, 2009 if the expected annual value in the aggregate of any and all contractsbetween Contractor and the State exceed $500,000 dollars or
(c) have in place, and agree to maintain for the term of the contract, health insurancefor those employees and offer that health insurance to those employees no later thanJuly 1, 2010 if the expected annual value in the aggregate of any and all contractsbetween Contractor and the State exceed $250,000 dollars.
2. Offeror must agree to maintain a record of the number of employees who have (a)accepted health insurance; (b) decline health insurance due to other health insurancecoverage already in place; or (c) decline health insurance for other reasons. Theserecords are subject to review and audit by a representative of the state.
3. Offeror must agree to advise all employees of the availability of State publicly financedhealth care coverage programs.
4. For Indefinite Quantity, Indefinite Delivery contracts (price agreements withoutspecific limitations on quantity and providing for an indeterminate number of orders tobe placed against it); these requirements shall apply the first day of the second monthafter the offeror reports combined sales (from state and, if applicable, from local publicbodies if from a state price agreement) of $250,000, $500,000 or $1,000,000.
Signature of Offeror:_________________________ Date________
58
APPENDIX G TO RFP 21-05
Proposed Work Participation Chart
Role Firm Name % of Project Prime Sub Sub Sub Sub Sum
59
APPENDIX H TO RFP 21-05 Form No. A-1013 (Rev. 8/05)
New Mexico Department of Transportation DESIGN OR OTHER CONSULTANT
OFFEROR’S LIST
Consulting Firm: Project No.
Contact Name: Control No.
RFP Number
Consulting Firm Address: Telephone: Fax: E-Mail:
The Offeror’s List will include all sub-consultants contacted by the prime design consultants for consideration for the design team. Failure to submit this form at the time of submittal of the consultant proposal will render the proposal non-responsive.
ALL SUB-CONSULTANTS:
NAME ADDRESS TELEPHONE STATUS: DBE / NON-DBE
60
APPENDIX I TO RFP 21-05Form No. A-1036 New 12/02
New Mexico Department of Transportation CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
OFFEROR NAME
CONTROL NUMBER
PROJECT NUMBER
TERMINI
I, ______________________________(NAME), __________________________ (TITLE) for the firm of ______________________________________________, an Offeror for the New Mexico Department of Transportation (Department) on the above-mentioned project, agree that ____________________________________ (FIRM NAME) will maintain the confidentiality of all information designated by the Department as “draft” or “confidential” that is gained as a result of our involvement in the above-mentioned project. This includes proprietary information and information designated confidential in accordance with 1.4.1.45 NMAC, and NMSA 1978, Section 13-1-39 (1984).
_________________________________________ (FIRM NAME) will maintain security and control over all documents containing such confidential information in our custody. _________________________________________ (FIRM NAME) will not make copies of any documents, nor remove documents from the assigned locations, and will return documents to the Department when work with the documents is complete.
_________________________________________ (FIRM NAME) will not divulge any confidential information to the media, any member of the public, or any employee of the consultant not involved in this project without the consent of the Department.
Furthermore, _________________________________ (FIRM NAME) agrees not to accept gratuities or favors in exchange for such confidential information. The New Mexico State Procurement Code, NMSA 1978 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation.
This agreement is subject to the laws of the State of New Mexico, and all applicable rules and regulations.
Signed: ___________________________________________ Date: ________________________
Title: _____________________________________
Printed Name: _____________________________
Printed Title: _______________________________
